In Queensland, a person who holds a provisional driver’s licence is required to comply with a zero blood alcohol concentration (BAC) condition. Any amount of alcohol detected while driving a motor vehicle constitutes a breach of that condition and may result in drink driving penalties.
It is often assumed that drink driving penalties only apply where a driver has consumed a significant amount of alcohol. That assumption is incorrect. For probationary licence holders, a reading above 0.00 is sufficient for police to take enforcement action for a drink driving offence.
What are the P plate blood alcohol limits in QLD?
Where alcohol is detected, police may charge the driver with breaching a zero alcohol or zero BAC licence condition. In other circumstances, the charge may be one of drink driving or alcohol driving offences. The category of offence depends on the alcohol concentration BAC reading and the surrounding facts.
Can P platers drink alcohol?
A person who holds a provisional licence is not prohibited from consuming alcohol. The restriction applies to driving, not drinking. A provisional driver must not drive with any alcohol present in their system. Alcohol consumed prior to driving may still be detected some time later, including the following day.
Whether a driver feels affected by alcohol is not relevant. The offence is determined by the presence of alcohol, not by the driver’s perception of impairment.
What can police charge a P plater with when caught drink driving?
The charge laid depends on the alcohol concentration detected and the circumstances of the offence. Where a provisional driver records a low reading, police may charge the driver with breaching a zero BAC licence condition. Where the reading is higher, police may lay a charge of drink driving within the applicable range.
Refusing to provide a breath or blood sample, breath sample, or alcohol test when lawfully required constitutes a separate refusal offence. That offence is dealt with independently of any allegation of drink driving and carries severe penalties.
What are the penalties for drink driving on plates in QLD?
If a court records a finding of guilt, a period of licence disqualification must be imposed. The court does not have discretion to avoid disqualification in drink driving matters, even for a first offence.
The length of any disqualification period depends on the nature of the offence. Higher alcohol readings attract longer mandatory minimum periods. Increased fines and, in some cases, a prison sentence may also apply.
Drink driving penalties by BAC level (first drink driving offence)
Drink driving offences are categorised according to alcohol concentration BAC levels. Lower readings attract shorter mandatory minimum disqualification periods and lower maximum penalties. As alcohol concentration increases, the available penalties increase accordingly.
All categories of drink driving require the court to impose a period of licence disqualification. Imprisonment is available as a penalty at higher alcohol concentrations.
| BAC Level | Licence Disqualification | Maximum Fine | Max. Imprisonment |
|---|---|---|---|
| 0.01% – 0.049% | 3 to 9 months | ~$2,336 | 3 months |
| 0.05% – 0.099% | 1 to 9 months | ~$2,336 | 3 months |
| 0.10% – 0.149% | 3 to 12 months | ~$3,338 | 6 months |
| 0.15% and over | 6 months (minimum) | ~$4,673 | 9 months |
Additional consequences
A drink driving offence committed while on a probationary licence may also delay progression to a full licence. It may have consequences for insurance and driver’s licence status. Employment can also be affected.
Drink driving penalties for repeat offenders
Repeat drink driving offences, including a second or subsequent offence, are treated more seriously. Subsequent offences commonly result in longer disqualification periods, more severe penalties and higher maximum fines.
What happens to your licence as soon as you’re caught drink driving on your Ps?
If a provisional driver is detected with alcohol, police will ordinarily impose an immediate licence suspension for a period of 24 hours. That suspension applies regardless of whether the driver intends to contest the charge. Driving during an immediate suspension period constitutes a separate offence.
Will a drink driving charge leave you with a criminal record?
The court may also consider whether to record a criminal conviction. Whether a conviction is recorded depends on a number of factors, including the driver’s age, traffic history, and the seriousness of the offence. Even where no conviction is recorded, the offence remains criminal in nature.
Do P-platers have to install an alcohol ignition interlock?
Alcohol ignition interlock orders may be imposed in certain circumstances. Interlock requirements generally apply to higher-range drink driving offences or repeat offences. Where an interlock order is made, the driver must not operate a vehicle unless an approved interlock device is fitted.
A provisional driver subject to an interlock order must comply with all associated conditions before driving is permitted.
Can a P-plater apply for a work licence?
Provisional licence holders are generally not eligible to apply for a work licence. Restricted licence applications require the driver to have held an open licence at the time of the offence. For that reason, most provisional drivers will be unable to drive for employment purposes during a disqualification period.
What does the court process look like for a P-plate drink driving charge?
The police do not finalise drink driving matters. All drink driving and alcohol driving offences must be determined by a Magistrates’ Court. This applies even where the alcohol reading is low.
What factors actually influence the final outcome?
The court considers a range of factors when determining a penalty. These include the alcohol concentration, the driver’s traffic and criminal history, whether the offence is a first or repeat offence, and the circumstances in which the offence occurred.
The court may also consider the impact of a conviction, as well as any steps taken by the driver following the offence. No single factor is determinative.
When does getting legal advice genuinely change the risk?
Legal advice may be relevant where the offence carries more serious penalties, a conviction may have significant consequences, or eligibility for an alcohol interlock order or a restricted licence is in issue.
FAQs about drink driving on P plates
I only blew 0.01. Is that still drink driving on my P plates?
Yes. A provisional driver is subject to a zero blood alcohol concentration condition. Any reading above 0.00% constitutes a breach of that condition and is an offence. The size of the reading does not alter whether an offence has occurred.
What happens if I refuse a breath or blood test on P plates?
Refusing to provide a breath test, breath sample, blood sample or alcohol test when lawfully required is a separate criminal refusal offence. It is dealt with independently of any drink driving allegation and carries mandatory court consequences.
How long will my licence be disqualified for a first offence?
Licence disqualification is mandatory for all drink driving offences. The length of the disqualification period depends on the category of offence and, where applicable, the alcohol concentration involved.
Can I drive at all during a disqualification period?
No. A driver must not drive during any period of licence suspension or disqualification. Driving during that period constitutes a separate offence and may result in further penalties, including additional disqualification.
Will this offence affect my ability to get a full licence later?
A drink driving offence committed while on a provisional licence may delay progression to an open licence. Additional requirements or waiting periods may apply before an open licence can be obtained.
Can I apply for a work licence later if I lose my job?
Provisional licence holders are generally not eligible to apply for a work licence. Applications for restricted licences usually require the driver to have held an open licence at the time of the offence. As a result, most provisional drivers cannot continue driving for employment purposes during a disqualification period.
Do I have to tell my employer or insurer?
Legal advice may be relevant where the offence carries significant penalties, where eligibility for particular applications is in issue, or where the circumstances of the offence are disputed. Advice may also assist in understanding the court process and potential outcomes.
Can penalties be reduced if there are mitigating circumstances?
The court may take mitigating circumstances into account when determining the penalty. Mitigation may affect the length of licence disqualification, the size of any fine, or whether a conviction is recorded. Mitigating circumstances do not remove the requirement for mandatory disqualification and do not prevent the offence from being dealt with by the court.
Should I get legal advice before my court date?
Legal advice may be obtained at any stage before the matter is finalised. Advice before the court date may help clarify the charge, the likely penalty range, and any applications that may need to be made at sentencing. Early advice may also be relevant where eligibility issues or disputed facts arise.