Hi there. In Queensland, a person’s driver licence can be suspended for many different reasons. If you drive a vehicle whilst your licence is suspended, the penalty will depend on the reason your licence was originally suspended. Below are the various reasons your licence may have been suspended, and the penalties attached to each offence.

If your licence was suspended because: of a ‘show cause’ action taken by the police or Queensland Department of Transport and Main Roads; you are medically unfit to drive safely; you accumulated too many demerit points or committed a high speed offence; you committed a drink driving or drug driving offence resulting in an immediate licence suspension; or you have not paid your fines, then you may be issued an infringement notice or dealt with by a court for unlicensed driving. If you are convicted of unlicensed driving by a court, the magistrate may impose a fine of up to $6,600 or imprison you for up to 18 months.

If your licence was suspended because: you did not pay a fine imposed by a court; you accumulated too many demerit points; or you were convicted of driving more than 40 km/h over the speed limit, then you will be dealt with by a court for unlicensed driving. If you are convicted of unlicensed driving, the magistrate must disqualify you from holding a driver licence for a period of between 1 and 6 months, and may impose a fine of up to $4,400 or imprison you for up to 1 year.

If your licence was immediately suspended because: you were charged with a middle-level drink driving charge (0.10 or higher); you failed to give police a breath or blood sample when requested; you were charged with a low-level drink driving offence whilst an earlier charge was still pending; or you were charged with driving under the influence, then you will be charged with unlicensed driving. If you are convicted of unlicensed driving, the magistrate must disqualify you from holding a driver licence for 2 to 5 years, and may impose a fine of up to $4,400 or imprison you for up to 1 year.

Some of the above penalties are mandatory (i.e. minimum disqualification periods) and others, such as the value of the fine or the length of the prison sentence, are at the discretion of the magistrate. The law requires imprisonment to be a penalty of last resort. This means that a term of imprisonment will only be imposed as a sentence if the court thinks it is the most appropriate outcome, taking into consideration a wide range of factors. These can be circumstantial factors, such as the events leading up to the offence, or personal factors, such as the offender’s prior criminal history, the offender’s attitude and his or her current life situation. The laws around sentencing offenders are very complex and many factors will influence a court’s final decision.

Suggested way forward

Although sentencing outcomes cannot be predicted with certainty, a lawyer can advise you of the likely outcome and help prepare your case for court. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.