Clarity Law

Specialist Traffic Law Firm Queensland
Thursday, 01 February 2024 16:49

Drink Driving While Supervising Learner Driver

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In Queensland, the responsibility of supervising a learner driver is taken seriously, and this includes adhering to laws regarding alcohol consumption. It is illegal for a person who is supervising a learner driver to be under the influence of alcohol or drugs beyond the legal limit for driving.


What is my limit if I am supervising a learner driver?

The legal limit for blood alcohol concentration (BAC) when supervising a learner driver in Queensland is typically the same as for driving a car, which is 0.05% BAC as you must hold an open licence to supervise a learner driver.  However, some situations may require a zero alcohol limit, especially if a heavy vehicle is involved.

The laws relating to driving with drugs in the system also apply.


Can the police breath test me?

Law enforcement authorities have the power to conduct random breath tests (RBTs) on supervisors of learner drivers, just as they do for regular drivers. If a supervisor is found to be over the legal alcohol limit while supervising a learner driver, they can face penalties similar to those for drink driving, including fines and license disqualification.


What does the law say?

Section 79AA of the Transport Operations (Road Use Management) Act 1995 states that;

                The supervisor is in charge of the motor vehicle for the purposes of—

(a)the relevant provisions; and

(b)other provisions of this Act applying in relation to any charge, proceedings, conviction or sentence for an offence against a relevant provision.


The key phrase is the supervisor is considered to be “in charge of the motor vehicle” .  This means the supervisor is technically in charge of the motor vehicle and the law states that if a person who is  “in charge” they are subject to normal drink driving laws and if found to be over the limit will be charged as if they were the driver.

The relevant provision refers to the section that covers drink driving in Queensland.


What will the penalty be for drink driving while supervising a learner?

Please visit our full article on drink driving penalties


Could I get a Work Licence if charged?

Perhaps, please see our full article on Work Licences in Queensland.



In summary, drink driving while supervising a learner driver in Queensland is illegal and carries penalties similar to those for regular drink driving offenses. It's crucial for supervisors to prioritize road safety by remaining sober during driving sessions and providing responsible guidance to learner drivers.


How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

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We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.  


Need more information?

We have a range of articles on drink driving on our traffic law blog.  Some of the most recent have included:

Last modified on Thursday, 01 February 2024 16:59
Steven Brough

Steven Brough is the Founder of Clarity Law.  He is one of the most experienced traffic lawyers in Queensland having appeared in court many thousands of time throughout Queensland since 2010.  He has authored over 100 articles about every aspect of traffic law in Queensland.

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