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Everything You Need to Know About DUI Driving

Driving under the influence (DUI) is not taken lightly, it is a serious offence that carries significant legal and personal consequences. In Australia, and particularly in Queensland, the laws are stringent with zero tolerance for DUI. Understanding these laws, penalties, and the long-term effects of a DUI conviction is crucial. We will help educate you on the legal boundaries, the penalties for breaching, the impact of a DUI conviction on everyday life, and finally, the importance of adhering to the law for personal safety and the well-being of yourself and everyone on the road.

Understanding What A DUI Is In Queensland

In Australia, the term ‘Driving Under the Influence’ (DUI) is used to denote driving or being in charge of a vehicle whilst under the influence of alcohol, drugs, or both. Although the DUI laws are fairly consistent across Australia there are slight variations, so it is important to know the rules for the state you are in.

In Queensland, the legal limit for Blood Alcohol Concentration (BAC) in Queensland is strictly 0.05%. This limit applies to most drivers; however, for ‘L’ and ‘P’ platers, as well as drivers of taxis, buses, and heavy vehicles, a zero BAC applies.

Alcohol limits

Queensland has a system with 4 alcohol limits, which are used to determine penalties when someone has been caught driving with an illegal blood or breath alcohol concentration for their particular licence (clarified above).

The limits are as follows:

‘No alcohol’ limit– if the concentration of alcohol in your blood or breath is more than zero

General alcohol limit– if the concentration of alcohol in your blood or breath is equal to or more than 0.05

Middle alcohol limit– if the concentration of alcohol in your blood or breath is equal to or more than 0.10

High alcohol limit– if the concentration of alcohol in your blood or breath is equal to or more than 0.15

Factors Influencing Blood Alcohol Concentration (BAC)

Blood Alcohol Concentration (BAC) can be influenced by a multitude of factors that vary significantly among individuals. Understanding these factors is important to ensuring responsible alcohol consumption and avoiding driving under the influence.

  • Rate of Consumption: Consuming alcohol at a fast rate can increase your BAC as your body doesn’t have sufficient time to metabolise the alcohol.
  • Strength of the Drink: Drinks with a higher alcohol content will result in a higher BAC.
  • Body Size: In general, people with smaller body sizes will have higher BAC levels than those with larger body sizes after consuming the same amount of alcohol.
  • Food Intake: Consuming alcohol on an empty stomach can result in a higher BAC as food slows down the absorption of alcohol into your system.
  • Gender: Women generally have a higher BAC after consuming the same amount of alcohol as men due to differences in body composition and hormones.
  • Medications: Some medications can interact with alcohol, potentially increasing the effects and enhancing the BAC.
  • Other Factors: Fatigue, mood, metabolic rate, and hydration levels can also influence your BAC.

Seeing all of the variables involved in the determination of your BAC paired with the penalties involved with a DUI, the best advice to follow would be, if you are ever in doubt, play it safe and don’t get behind the wheel. Though one may feel competent to drive it doesn’t mean that your BAC reading will agree.


Penalties For A DUI In Queensland

The penalties for driving under the influence of alcohol in Queensland can be severe and vary depending on the blood or breath alcohol concentration and any prior offences. Penalties may include fines, imprisonment, community service, and disqualification from driving.

Penalties for first time offenders can go up to the maximum fines of $4,334, licence disqualification minimum 3 months 9 months maximum term of imprisonment. For repeat offenders they can be looking at having their car impounded, licence disqualified for 2 years, fined $9,288 and a imprisonment sentence determined by the court. So backing up the statement that DUI is not taken lightly as mentioned in the beginning and therefore why it is crucial to educate yourself in order to prevent it from happening to you.

Impact Of A DUI On Personal Life

Moreover, it’s important to understand that these punishments extend beyond just your time on the road. A DUI conviction on your record can significantly impact your personal and professional life, leading to increased insurance premiums and hindering current and future job opportunities, particularly where driving is an essential part of the role. If the person convicted wants to travel in the future this may create a barrier to certain countries.

Work Licence

A Work Licence, also known as a ‘restricted’ or ‘day’ licence, is a special kind of licence issued under certain circumstances to individuals convicted of a first-time DUI offence. It allows the convicted individual to drive for work-related purposes during the disqualification. To obtain a work licence is not an automatic right and there are strict criteria that need to be met. If the court is satisfied, they may issue a work licence. The licence has strict conditions that must be followed, such as driving only for work-related purposes and during certain hours.


Understanding the laws surrounding Driving Under the Influence (DUI) in Queensland, or anywhere for that matter, is crucial not just for law-abiding but for maintaining the safety of yourself and everyone around you as well. The severe penalties, coupled with the significant impact on personal and professional life, underline the seriousness of DUI offences. Given the multitude of factors influencing Blood Alcohol Concentration (BAC), it is advisable to err on the side of caution and abstain from driving when in doubt. Remember, your decision to not drink and drive does not only protect you, but also the lives of others on the road. Therefore, let’s ensure responsible consumption of alcohol and practise safe driving habits for a safer Australia.

If you have been charged with DUI Driving, get in contact with your local Drink Driver Lawyer Team today! We can help you receive the best possible solution.

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