DUI in Queensland is a separate, more serious offence than standard drink or drug driving. It is proven by observable impairment — not just a BAC reading. Here is how it differs and why it matters.
Driving Under the Influence (DUI) is a distinct offence under section 79(1) of the Transport Operations (Road Use Management) Act 1995 (TORUM). Unlike BAC-based drink driving charges, DUI can be proven by evidence of actual observable impairment — erratic driving, slurred speech, poor coordination, or abnormal behaviour.
For alcohol: a BAC of 0.150 or above conclusively establishes DUI — no additional evidence needed. This is why high range drink driving and alcohol DUI are effectively the same charge in practice. For drugs: DUI requires police to demonstrate actual impairment, not merely a positive test.
Standard drink driving: Proven by a BAC reading (low/mid/high range). No impairment evidence needed.
DUI: Proven by BAC of 0.15+ (alcohol) or observable impairment (alcohol or drug). Longer minimum disqualification, higher maximum penalties, no Work Licence.
Whether DUI involves alcohol (BAC 0.15+) or drug impairment, DUI offenders are not eligible for a Restricted Work Licence under section 87 of the TORUM Act.
One penalty unit is currently valued at $148.50 (as of July 2025). DUI penalties are the most serious in Queensland’s drink and drug driving framework.
| Offence | Max Fine | Max Imprisonment | Min Disqualification | Interlock |
|---|---|---|---|---|
| 1st Offence | 28 penalty units (~$4,158) | 9 months | 6 months | Mandatory |
| 2nd Offence (within 5 yrs) | 60 penalty units (~$8,910) | 18 months | 1 year | Mandatory |
| 3rd+ Offence (within 5 yrs) | Higher | Mandatory imprisonment | 2+ years | Mandatory |
Where DUI is alleged based on impairment rather than a BAC reading, police rely on observations made at the time of the stop. Common evidence includes:
Defending a DUI charge is more complex than a standard BAC offence. If you are unsure whether to plead guilty, you should seek independent legal advice before your court date.
The QLD Plea Program is designed for straightforward guilty plea matters. At DUI level, thorough preparation — genuine remorse, strong character references, and a well-structured submission — is especially important.