Research has indicated that the majority of repeat drink drivers are alcohol dependent, which means they do not have the ability to control their alcohol intake, so they will most likely be convicted repeatedly for drink driving. Because of the increased and repeated risk they impose on road users in Queensland, the penalty of cumulative disqualification has been imposed upon repeat drink drivers.
There are certain driving offences that repeat offenders commit more than once within a specified time period. These offences include:
- Drink driving
- Drug driving
- Fail to provide a specimen of breath or blood
- Unlicensed driving
- Driving while disqualified or suspended
Repeat driving offenders in Queensland face serious penalties, such as:
- Heavy fines
- Licence suspension or cancellation
- Disqualification from driving for a long period of time
- Vehicle impoundment or immobilisation
- Imprisonment for severe offences
A repeat driver’s penalty may vary depending on the type and number of offenses committed, the level of blood alcohol concentration (BAC) or drug abuse, their previous driving history, and the harm caused by the offense. Each subsequent offence within a certain period of time may result in an increase in penalties.
If you are convicted of drink driving in Queensland again, you may be subject to the following penalties:
BAC level | First offence | Second offence | Third or subsequent offence |
Over 0.00, but under 0.05 (if you have a zero BAC requirement) | Licence disqualification for 3 to 9 months | Licence disqualification for 6 months to 5 years | Licence disqualification for 2 to 5 years |
0.05 and over, but under 0.10 | Licence disqualification for 1 to 9 months | Licence disqualification for 6 months to 5 years | Licence disqualification for 2 to 5 years |
0.10 and over, but under 0.15 | Licence disqualification for 3 to 12 months | Licence disqualification for 6 months to 5 years | Licence disqualification for 2 to 5 years |
0.15 and over | Licence disqualification for at least 6 months | Licence disqualification for at least 12 months | Licence disqualification for at least 2 years |
Repeat offenses of drink driving may result in up to 18 months of imprisonment or a fine of 120 penalty units ($19,826.40), whichever is greater.
If you are a repeat drug driving offender in Queensland, you may face the following penalties:
Drug level | First offence | Second offence | Third or subsequent offence |
Relevant drug present in saliva or blood (zero tolerance) | Licence disqualification for 3 to 9 months | Licence disqualification for 6 months to 5 years | Licence disqualification for 2 to 5 years |
Under the influence of a drug (impairment) | Licence disqualification for at least 6 months | Licence disqualification for at least 1 year | Licence disqualification for at least 2 years |
Repeat drug driving offences are punishable by up to 18 months in prison or 120 penalty units ($19,826.40).
The following penalties may apply to repeat unlicensed drivers in Queensland:
Type of unlicensed driving | First offence | Second offence within five years |
Never held a licence and not disqualified from holding one (e.g. learner driver) | Fine of up to $4,334 or imprisonment of up to one year; licence disqualification of up to six months; vehicle impoundment if BAC is over 0.15 or fail to provide specimen of breath or blood; vehicle immobilisation if BAC is over zero but less than 0.15; vehicle forfeiture if third impoundment offence within five years. | Fine of up to $8,668 or imprisonment of up to two years; licence disqualification of up to two years; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. |
Disqualified from holding or obtaining a licence (e.g. due to court order) | Fine of up to $8,668 or imprisonment of up to two years; licence disqualification of up to two years; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. | Fine of up to $13,002 or imprisonment of up to three years; licence disqualification of up to five years; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. |
Suspended from holding or obtaining a licence (e.g. due to demerit points) | Fine of up to $4,334 or imprisonment of up to one year; licence disqualification of up to six months; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. | Fine of up to $8,668 or imprisonment of up to two years; licence disqualification of up to two years; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. |
Expired licence (more than one month) | Fine of up to $4,334 or imprisonment of up to one year; licence disqualification of up to six months; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. | Fine of up to $8,668 or imprisonment of up to two years; licence disqualification of up to two years; vehicle impoundment if BAC is over zero; vehicle forfeiture if third impoundment offence within five years. |
There is no doubt that repeat driving offenses are complex and serious matters that can have significant consequences for your life and livelihood. In the event you have been charged with a repeat driving offense or wish to contest the charge, it is important to seek legal assistance.