DRIVING WITH A BLOOD ALCOHOL CONCENTRATION | DUI | DRIVING UNDER THE INFLUENCE OF ALCOHOL
Drink Driving in Queensland
Types of Drink Driving Charges
The police can charge you with drink driving in the following situations:
- If you fail a breath test, meaning that when breathalysed you return a reading over the legal limit;
- If a blood test shows you have a BAC over the legal limit; or
- If you refuse or fail to provide a specimen of breath when directed to do so by police.
Depending on your reading and the circumstances, police can charge you with either:
- Driving with a blood alcohol concentration, meaning your reading is low or mid-range; or
- Driving under the influence of alcohol, also known as “DUI” or “DWI”, meaning your reading is high range.
Some circumstances other than a high-range reading can result in a charge of DUI. For example, if there are factors that led police to believe you were “under the influence” of alcohol. This could be, for example, that you were in an accident or refused or were unable to provide a specimen of breath.
What Happen's Next
The police will provide you with paperwork which will include a date that you must attend Court. This will usually be at the Magistrates Court closest to where they charged you.
Queensland has a zero-tolerance policy to drink driving. This means the Court must disqualify your driver licence for a period of time.
If you held an open licence, your reading was low-range, and it is your first offence, the minimum period is 1 month. The minimum disqualification period can increase depending on your circumstances. The Court is also able to disqualify you for longer than the minimum period and will often do so.
There are steps you can take to help minimise your disqualification period that we can assist you with.
Appearing in Court
What Penalty Will I Receive for Drink Driving?
When the Court sentences you, the Magistrate will determine:
- how long to disqualify your driver licence; and
- whether to impose additional penalties, such as a fine or period of imprisonment.
This sentence is at the Magistrate’s discretion, within the ranges specified in legislation. We can give you an idea of the likely penalty you will face based on:
- your reading;
- the circumstances of the offence;
- your traffic history;
- what preparation you undertake; and
- our significant experience of dealing with such matters.
Need to apply for a work licence?
If you must drive for or to and from work, you may be eligible to apply for a Restricted Work Licence. This is a special type of licence that lets you drive for work purposes while you are disqualified. Contact us if you would like assistance making a Work Licence Application.
Low-Range Drink Driving
If the Court convicts you of a low-range drink driving offence, you will lose your licence for:
- between 1 and 9 months if you held an open driver licence; or
- between 3 and 9 months if you held a learner or probationary licence, or a licence for certain vehicle types.
You may also receive a maximum fine of $2,167 and a term of up to 3 months imprisonment.
A low-range offence means your BAC reading was:
- between 0.05 and 0.10% if you held an open driver licence; or
- above 0.00 but below 0.10% if you held a learner, probationary, or other relevant licence type.
If you held an open licence and it is your first offence, you may be eligible to obtain a “Restricted Work Licence“. This can allow you to continue driving for your job during your disqualification.
Mid-Range Drink Driving
If the Court convicts you of a mid-range drink driving offence, you will lose your licence for between 3 to 12 months. A mid-range offence means your BAC reading was between 0.10 and 0.15%. You may also receive a maximum fine of $3,096 and a term of up to 6 months imprisonment.
When your disqualification period ends, there will be certain restrictions on your licence. You may need to fit an alcohol interlock device into your vehicle or follow other conditions.
You may be able to obtain a Work Licence if you are charged with a mid-range drink driving offence. The same restrictions will apply on a Work Licence, however, as when your disqualification period ends.
High-Range Drink Driving or Driving Under the Influence (DUI)
If the Court convicts you of a high-range drink driving offence, or DUI, you will lose your licence for at least 6 months. A high-range offence means your BAC reading was 0.15% or more, or you failed to provide a breath specimen. You may also receive a maximum fine of $4,334 and a term of up to 9 months imprisonment.
There is no maximum disqualification period for this type of offence. The disqualification period handed down can therefore be significant. The Court will consider:
- your BAC;
- your traffic history;
- the circumstances around the offence, such as if police pulled you over at an RBT or due to your manner of driving;
- your character and how any penalty will impact you; and
- your remorse and the steps you have taken since the offending, such as courses or counselling.
When To Contact a Lawyer
Our drink-driving lawyers will guide you through the process from start to finish. We’ll explain your options and the likely penalty the Court will give you so that you know what to expect.
Appearing in Court with an experienced lawyer can result in a better outcome. This is because your lawyer will explain your background, history, and circumstances. We know how the court weighs information and will put forward all the relevant points. Viewing the offending in context can help the Court make a fairer and more lenient decision.
If it is your first drink driving offence, engaging a lawyer can provide you with piece of mind. You’ll have an understanding of the legal process and someone in Court with you to speak on your behalf.
A loss of licence can have financial and social consequences for you and your family. By engaging our law firm, you can feel confident you’ve taken steps to minimise this impact.
If this is not your first drink driving offence, the Court can impose harsh penalties. A term of imprisonment becomes more likely after your first offence. Our lawyers will fight for you with a focus on achieving the best result. If the Court is minded to sentence you to imprisonment, we can argue for you to not spend any actual time in custody. This may be achieved through a wholly suspended sentence or immediate parole release.
Regardless of your circumstances, our drink-driving lawyers have your interests in mind. Our experience and skill allow us to expertly advocate for you to receive the best result.
We Offer Fixed Fees for Drink Driving Cases
We understand that cost is a consideration when engaging a lawyer to represent you. This is why we charge competitive fixed fees so that you know the cost upfront.
Once you explain the offence, we can advise you what the cost will be, depending on what you want to do. This way you can make an informed decision.
If cost is a limiting factor for you, we are happy to discuss options to make representation possible.
Before you appear in Court, we will inform you of the range available at sentencing. We will make sure you know the likely outcome so that you can make appropriate arrangements.
Before you decide to go to trial or sentence, we will advise you on all options available. This may include negotiation, case conferencing, or justice mediation. You should know your options before such an important decision.
Proper preparation is key to a good result. We will prepare your matter for Court as well as tell you what steps you can take to prepare to improve the outcome.
