Drink Driving - Traffic Offences
What this section covers:
- Drink Driving;
- DUI;
- Demerit Points;
- Traffic Offences;
- Loss of Licence;
- Work Permits and Restricted Licences;
- High Speed;
- Disqualified Driving; and
-
Unlicensed Driving.
Drink Driving & DUI
It is an offence in Queensland to drive, be in charge of, or attempt to put in motion any vehicle while under the influence of alcohol or drugs.
Penalties for drink driving, or driving under the influence of alcohol or drugs are determined by the type of licence held, the level of the reading, and whether or not it is a first, or subsequent offence.
The penalties vary with the Blood Alcohol Level (BAL) or Blood Alcohol Content (BAC).
Blood and breath alcohol limits
Under 25 years old and the holder of a:
|
.00% BAC |
Driving or in charge of a:
|
.00% BAC |
| Driving or in charge of any other vehicle | .05% BAC |
"Under the influence" also has an extended meaning, where a person is under the influence of:
- illegal drugs;
- prescription drugs;
- or if a person refuses to provide a blood or breath specimen when lawfully requested to do so.
DUI or Under the Influence offences are serious, as is demonstrated by the penalties that may be imposed.
"Being in charge" of a motor vehicle is also defined as:
- driving;
- attempting to put in motion; or
- can include being asleep in the front seat, with keys on or about the person.
Horses and Bicycles
It is an offence to ride a bike or a horse under the influence. The maximum fine is $3,000 and/or 9 months imprisonment.
Penalties
For first offences:
| Over the "no alcohol limit" |
|
| Over "general alcohol limit" (.05% - .15%) |
|
| Over "high limit" (over .15%) |
|
For second and subsequent offences in a five year period, higher penalties and disqualification periods apply.
If there is a third conviction in a five year period for over "high limit" or other major offences, then a term of imprisonment is mandatory - the Magistrate is required by Law to impose imprisonment. The 5 year period is calculated backwards from the date of conviction, not the date of the offence.
Immediate Suspension of Licence
For offence of DUI (0.150% or more) license is immediately disqualified unless a court order is granted to lift the disqualification pending a hearing of the charge.
Persons with a high limit offence, and who are charged with dangerous driving, or who have two or more lower alcohol limit offences which have not been dealt with are also subject to an immediate, automatic suspension until the matters are heard in Court.
It is an offence to drive during any period of suspension, and there are mandatory periods of disqualification from driving for between 2 and 5 years.
Penalty for refusing to provide a sample
Where a person is found guilty of refusing to furnish a sample, the maximum penalty is $4,000 or 6 months imprisonment - a higher penalty than that for driving under the influence.
Demerit points
The accumulation of demerit points for minor offences can lead to suspension of a person's licence.
A person can appeal a suspension for the accumulation demerit points, but there is a time limit of 21 days from the date the suspension commences.
The grounds for an appeal are where there would be extreme hardship to the person or the person's family by depriving them of the means to earn a living, AND only if they are otherwise considered by the Court to be a fit and proper person to hold a licence.
The Notice sent suspending the licence is sent to the last known or recorded address - if the address on the licence is incorrect, the suspension occurs nevertheless. Queensland Transport is only required to send the notice to the last known address.
Work or Restricted Licences
For drink driving offences (BUT not DUI offences) it is possible to apply to the Court for a restricted licence which allows driving only at certain times of the day, or to and from a designated place and home for employment.
The application is made after the person has pleaded guilty and culpability is accepted, but before the sentence is imposed.
It is done on a written application supported by affidavit(s) in support served on the Police, who may then oppose or accept it.
The person may only make an application if:
- They are a fit and proper person to hold a restricted licence as adjudged by the Court;
- Refusal would cause extreme hardship to the applicant and/or their family by depriving them of their livelihood;
- There has been no suspension or cancellation in the previous 5 years;
- The BAC or BAL was less than .15%;
- Applicant holds an open or provisional QLD licence;
- The offence did not involve a work related activity; or
- No previous conviction for any drink driving or dangerous operation in the last 5 years.
It is often the case that people appearing in Court have an experienced Drink Driving Solicitor, or DUI Lawyer represent them to ensure that they have the best possible chance of obtaining Work Licences.
Disqualified Driving
Driving whilst disqualified is a very serious offence, because it is breaching an order of a Court, and is akin to an action in Contempt of Court.
The offence carries a maximum penalty of $6,000 or imprisonment for 18 months and a mandatory disqualification of 2 to 5 years.
Unlicensed driving is also a serious offence, but carries a lesser penalty of $4,000 or 12 months imprisonment. An infringement notice may even be given for lesser penalties provided the driver has not been convicted of unlicensed driving in the last 5 years.
Need Help?
If you are charged with an offence or have to appear in Court, in order to understand what the likely consequences and penalties may be, and what your rights are if you are convicted, OMB have Drink Driving Lawyers experienced in relation to Drink Driving Penalties, DUI Charges, Drink Driving charges, DUI Penalties, DUI Fines, and Drink Driving fines.
You may not be guilty of an offence, or may have a valid defence.
You may wish to ensure, as far as possible, that you have every chance of receiving a penalty that is as moderate as it can be under all the circumstances. A plea can be made on your behalf by an experienced Drink Driving Lawyer in respect of penalty ensuring that all of the relevant and appropriate facts and matters and evidence is put to the Magistrate.
Whatever your need, whether it be for a Drink Driving Solicitor, help from a DUI Lawyer, a DUI Solicitor or if you just want some information, please call OMB.