DRINK DRIVING LAWYERS BRISBANE 

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BRISBANE DRINK DRIVING LIMITS

 

The law in Queensland specifies the alcohol limits a driver must be under not to commit a drink driving offence. The alcohol limit will sometimes depend on a person’s driver licence.

 

There are four alcohol limits in Queensland based on blood alcohol concentrations (BAC):

1. No Alcohol Limit- 0.00% BAC.
2. General Alcohol Limit- Equal to or greater than 0.05% BAC.
3. Middle Alcohol Limit- Equal to or greater than 0.10% BAC.
4. High Alcohol Limit- Equal to or greater than 0.15% BAC.

DRINK DRIVING PENALTIES IN BRISBANE

 

A wide array of penalties are open to Courts when they sentence a person for a drink driving offence. These include:

• Fine.
• Probation.
• Community Service.
• Imprisonment.

 

The most common penalty imposed for a drink driving offence is a fine. We have had clients receive a term of imprisonment for drink driving, but this has been because of their terrible traffic history.

 

WILL I GO TO JAIL?

 

A jail sentence will be unlikely for most persons convicted of a drink driving offence. But it is always a possibility. The maximum penalty for each drink driving offence is a term of imprisonment. Persons who continue to commit drink driving offences or a drink driving offence involving injury or death are most at risk of imprisonment.

In some situations, the Court must sentence a person to a term of imprisonment. For example, you must receive a prison sentence if you are convicted three times of a high-range drink driving offence within five years. However, this doesn’t necessarily mean you would go to jail. There are sentences involving terms of imprisonment which would allow you to remain in the community. For example, imprisonment could be wholly suspended, or you could be placed on immediate parole. Both situations would prevent you from going to jail.

 

WILL MY DRIVER LICENCE BE DISQUALIFIED?

 

Yes.

 

WILL I NEED AN ALCOHOL INTERLOCK DEVICE?

 

An alcohol ignition interlock device is a device fitted to your car. The device prevents a vehicle from being operated by a driver who is under the influence of alcohol. 

In Queensland, if you are convicted of any of the following, you will be required to get an alcohol ignition interlock device fitted to your vehicle:

• Driving or attempting to put in motion or being in charge of a vehicle while under the influence of alcohol.
• Driving or attempting to put in motion, or being in charge of a vehicle when you have a blood or alcohol concentration of 0.15% (High range drink driving).
• Driving or attempting to put in motion or being in charge of a vehicle when you have a blood or alcohol concentration of 0.10% (Mid-range drink driving).
• If you fail to provide a specimen of blood or breath.
• Dangerous operation of a motor vehicle while affected by alcohol.
• Two or more drink driving offences within a five-year window.

 

CAN I APPLY FOR A WORK LICENCE?

 

If you need your licence for work, you may be eligible to apply for a work licence.

Our lawyers have successfully got Work Licences for every client we have applied for one. We have a 100% success rate. If you need your licence for work, call us on 1800 529 000 now, and we will save it. Otherwise, please visit our dedicated Work Licence page here.

 

CAN I REFUSE A RANDOM BREATH TEST?

 

Suppose a police officer directs you to give a specimen of breath for a roadside breath test, and you refuse. In that case, you can be charged with failing to provide a specimen of breath. The maximum penalty for this offence is 40 penalty units $5,750.00) and six months imprisonment.

 

WILL I NEED TO GO TO COURT?

 

Yes, you must attend Court.

 

CAN I DRIVE UNTIL MY COURT DATE?

 

When the police officer charges you, they will serve you a Notice of Suspension. This Notice will tell you how long your licence is suspended. For some people, they cannot drive until their court date because their licence is suspended until their court date.

 

IS IT WORTH HIRING DRINK DRIVING LAWYERS?

 

The Brisbane Magistrates Court takes the charge seriously. In some situations, a person can be sent to prison. You should get legal advice and representation from an experienced lawyer.

If you go to court without an experienced lawyer, you will be against the police prosecutor. The police prosecutor appears each day in Court and they know the Magistrates. The job of the prosecutor is to represent the Queensland Government in getting persons punished. They aim to get you the maximum penalty and driver licence disqualification possible. You need legal representation to ensure fairness and help reduce the sentence and disqualification you receive. Don’t risk going to Court alone.

 

WHAT ARE THE POSSIBLE DEFENCES?

 

Our lawyers have identified four possible defences you could have:

1. The breath, saliva or blood specimen taken by Brisbane police to prove the offence was taken more than three hours after you had driven the vehicle, been in charge of the vehicle or attempted to put in motion the vehicle.
2. You were not driving the vehicle.
3. You did not attempt to put the vehicle in motion.
4. You were not in charge of the vehicle.
5. You were driving, but it was an extraordinary emergency.

WILL I GET A CRIMINAL CONVICTION?

No. In Queensland, a drink driving offence is not a criminal offence. Your conviction is recorded on your Queensland traffic history.

WHAT CAN I DO TO HELP LOWER MY PENALTY AND DRIVER LICENCE DISQUALIFICATION PERIOD?

 

Suppose you want to improve your chances of reducing your penalty and driver licence disqualification. In that case, there are two things you can do:

1. Get character references from persons who know you well. CLICK HERE to learn how to write a character reference and an example.
2. Complete a traffic offender program.

 

TRAFFIC OFFENDER PROGRAMS

We recommend you complete a traffic offender program before your sentence hearing date. Magistrates look positively upon persons who complete a traffic offender program. Completing such a program shows the Court you are taking the charge seriously, demonstrating rehabilitation. When considering the right traffic offender program, there are a few options:

1. The Queensland Traffic Offender’s Program (QTOP).  
2. Road Sense Australia’s Traffic Offender Program. 
3. SAVE – Traffic Offender Intervention Program. 

 

WHEN DOES YOUR DRIVER LICENCE DISQUALIFICATION START?

Your driver licence disqualification starts immediately on the day of your sentence.

 

 

WHAT HAPPENS AT THE END OF YOUR DRIVER LICENCE DISQUALIFICATION?

At the end of your disqualification period, you must return to Queensland Transport and Main Roads to be reissued with a driver licence.