Drink Driving is a high profile and sadly all too common offence. Despite the warnings, the media and the regular tragedies arising from this offence, it continues to be a common occurrence and thousands of people are charged with drink driving each year.
Police (and the community) have a zero tolerance for drink driving and will take all precautions necessary to stop and test a driver they suspect to be driving under the influence of alcohol (and/or drugs). It is obviously very dangerous and illegal to operate a vehicle under the influence of alcohol or illicit substance.
Section 79 of the Transport Operations (Road Use Management) Act Queensland is very clear :
A person who drives a motor vehicle, tram, train or vessel; or attempts to put in motion a motor vehicle, tram, train or vessel; or is in charge of a motor vehicle, tram, train or vessel while under the influence of drugs or alcohol is guilty of Driving Under the Influence (DUI).
The Penalties for Driving Under The Influence (DUI)
There are several factors taken into account when understanding the penalties for drink driving – including (primarily) your blood alcohol content (BAC) and your prior driving conviction history relating to DUI.
The fine amount and disqualification will depend on your traffic record, including any previous drink driving offences within the last 5 years and can also include a term of imprisonment.
For most drivers (not on provisional or conditional licenses) the legal blood alcohol content limit is 0.05.
The maximum penalties – supplied as a guideline only – are outlined below :
0.05 and over, but under 0.10
- Disqualification of up to 9 months.
- Maximum fine of $6,600, or
- Imprisonment for a maximum term of 18 months.
0.15 BAC or higher
- Disqualification of up to 18 months.
- Maximum fine of $6,600, and/or
- Imprisonment for a maximum term of 18 months.
Provisional / No Alcohol Category Drivers
- Your driver licence will automatically be suspended for 24 hours from the time the blood testing result is known.
Other Important Things To Know
If you are found to be over the middle alcohol limit (0.10) your licence will be immediately suspended until the time when the charge for drink driving is handled by the court.
Similarly, if you refuse to provide a specimen of breath or blood when asked to, your licence will be immediately suspended until the time when the charge for drink driving is handled by the court.
If you have had two prior DUI convictions in the last 5 years, you risk the maximum punishment of 60 penalty units or 18 months’ imprisonment. Your licence may also be disqualified for a minimum of 2 years, and over this period you are not entitled to apply for a work licence.
What Should I Do If I Have Been Charged With Drink Driving?
Seek the advice of an expert Traffic Offence Lawyer.
With offices in Brisbane and The Gold Coast, the team at Howden Saggers Lawyers appear in Court every day. We know the Magistrates; we understand the procedures. We have a great relationship with many Barristers at the Queensland Bar. We understand how the Courts work. We understand the pressures that you may feel in having to go to Court.
We also believe that legal fees shouldn’t break the bank and for that reason we are quite often able to undertake matters on the basis of a fixed fee. This means you will know exactly how much your matter will cost.
Howden Saggers Lawyers is also a Preferred Supplier for Legal Aid Queensland. This means that we are able to undertake matters funded by Legal Aid Queensland as long as you meet the required eligibility criteria.
At Howden Saggers Lawyers our lawyers appear in Court every day, we understand that procedures, we know the law, we get the results.
We are on your side.
