Queensland's acting premier says it is up to controversial MP Billy Gordon to decide if he should resign from parliament following his drink driving charge.
Jackie Trad would not be drawn on her personal opinions about Mr Gordon's political future at a press conference in Toowoomba, west of Brisbane, on Thursday.
"What he decides to do in terms of his seat in parliament will be entirely up to him."
A drink driving conviction would not affect Mr Gordon's position in parliament and other MPs have retained their seats long after similar incidents, including former Labor MP Karen Struthers, who went on to be a minister in the Bligh government.
Mr Gordon, who is one of a handful of crossbenchers to control the balance of power in state parliament, was pulled over on the Kennedy Highway near Kuranda, north of Cairns, just before 11pm on Wednesday.
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It is alleged he returned a blood alcohol reading of 0.094 and did not hold a current driver's licence at the time.
He was charged with drink driving and driving without a licence.
The Cook MP released a statement on Thursday which stated there was "no excuse" for his decision to get behind the wheel but said he'd been affected by a recent death in the family.
"I remain focused on my role and my passion for representing the people of Cook," he said.
"At a time when my community needs me, I allowed personal life matters to cloud my judgment."
Mr Gordon has been issued with a notice to appear in Mareeba Magistrates Court on June 27.
