DRINK DRIVING LAWYERS BRISBANE
Drink driving (DUI) is a common traffic offence causing people to attend the Brisbane Magistrates Court. The Courts treat drink driving seriously. There are situations where a conviction for a drink driving charge can cause you to be sent to a term of imprisonment. In certain situations, the Court must impose a term of imprisonment for drink driving.
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HAVE YOU BEEN CAUGHT DRINK DRIVING IN BRISBANE AND NEED YOUR LICENCE FOR WORK?
If you have been caught drink driving in Brisbane and need your licence for work, let our Brisbane drink driving lawyers help you get a Work Licence. Our drink driving lawyers Brisbane team have successfully got Work Licences for each client we have applied for one. We have a 100% success rate.
DO I NEED TO GO TO COURT FOR MY DRINK DRIVING CHARGE?
Yes. If you are charged with a drink driving offence you must go to court. If you do not go to court, a warrant will likely be issued for your arrest.
WHAT THINGS DETERMINE THE PENALTY FOR A DRINK DRIVING CHARGE IN BRISBANE?
The penalties for drink driving (DUI) charges in Brisbane, Queensland will depend on a number of factors, including:
♦ the circumstances of your driving.
♦ your antecedents (age, background etc.).
♦ if you have any prior criminal or traffic history.
♦ the type of driver licence you held at the time of the offence (if any).
♦ your Blood Alcohol Concentration level (BAC) at the time of driving.
♦ the type of vehicle you were driving at the time.
WHAT ARE THE POSSIBLE DEFENCES FOR A DRINK DRIVING CHARGE IN BRISBANE?
Our Brisbane drink driving lawyers have identified 4 possible defences you could have to a drink driving charge:
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.
THE 3 HOUR RULE FOR DRINK DRIVING
Did you know a Queensland police officer can ask you to provide a specimen of breath or saliva even if you are not driving a vehicle or in charge of a vehicle at the time? In Queensland, a police officer can ask you to provide a specimen of breath or saliva if they reasonably suspect that in the 3 hours prior to making the request, you:-
♦ Drove a motor vehicle, tram or train on a road or elsewhere; or
♦ Attempted to put in motion a motor vehicle, tram or train on a road or elsewhere; or
♦ Were in charge of a motor vehicle, tram or train on a road or elsewhere; or
♦ Drove or were in charge of, or attempting to put in motion a vessel being used or apparently about to be used in navigation.
WILL I GET A CRIMINAL CONVICTION FOR MY DRINK DRIVING CHARGE?
No. A drink driving offence is not a criminal offence in Queensland. The recording of your conviction for a drink driving offence is on your Queensland traffic history.
WILL I GO TO PRISON FOR MY DRINK DRIVING CHARGE?
A prison sentence is always a possibility, as the maximum penalty for each drink driving offence is a term of imprisonment. But, for most persons it is unlikely they would be sent to prison for a drink driving offence. Even if you were to be sentenced to a term of imprisonment, this doesn’t necessarily mean you would go to prison. You could be sentenced to a wholly suspended sentence or you could be sentenced to a prison term with immediate parole. Both options would see you receive a term of imprisonment, but you would be serving your sentence in the community.
WHAT CAN I DO TO HELP LOWER MY PENALTY AND DRIVER LICENCE DISQUALIFICATION PERIOD?
If you want to improve your chances of reducing your penalty and driver licence disqualification, there are 2 things you can do:
- Get character references from persons who know you well.
- 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. The completion of such a program shows the court you are taking the charge seriously, and it demonstrates rehabilitation. When considering the right traffic offender program, there are a few options which are detailed below.
- The Queensland Traffic Offender’s Program (QTOP).
- Road Sense Australia’s Traffic Offender Program.
- SAVE – Traffic Offender Intervention Program.
WHEN DOES YOUR DRIVER LICENCE DISQUALIFICATION PERIOD START?
If you are convicted of a drink driving offence, your driver licence disqualification period starts immediately on the day of your sentence. Do not drive to court on your sentence hearing day because you will not be able to drive away from the court.
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. You will be issued a Probationary Licence for 12 months. This means you must have a zero-blood alcohol concentration when driving on this licence. It also means you cannot accumulate 4 or more demerit points in the 12 months while on this licence. If you do, Queensland Transport and Main Roads should send you a “Notice to Choose”. The Notice to Choose will require you to choose to either:
- have your licence suspended for 3 months; or
- agree to continue driving under a period of good driving behaviour for 1 year.
You must not drive a motor vehicle until you are reissued with a driver licence. If you drive a vehicle without being reissued your licence, you could be charged with driving while unlicenced. If you are convicted of unlicenced driving, you may be disqualified from driving for a minimum of 2 years. Besides this, you can be fined or be sentenced to another penalty, which could include a term of imprisonment.
DO YOU REALLY NEED TO HIRE A BRISBANE DRINK DRIVING LAWYER?
When charged with drink driving, you need to decide if you will hire a Brisbane drink driving lawyer. Brisbane Magistrates do not use a mathematical formula when deciding the penalty. A blood alcohol reading doesn’t equal a specific penalty. Who do you think will achieve the best outcome for a drink driving charge- a seasoned Brisbane drink driving lawyer, or you? Do not walk out of the Brisbane Magistrates Court regretting not having hired a Brisbane drink driving lawyer.
When you represent yourself the following can happen:
♦ Risk of jail.
♦ Risk of higher penalty.
♦ Risk of lengthy disqualification periods.
♦ Failure to mention something critical to your case.
♦ Failure in obtaining a work licence.
When one of our drink driving lawyers Brisbane team represent you, the potential benefits are:
♦ Avoid a long disqualification.
♦ Avoid high penalties.
♦ Successful work licence application.
♦ Knowledge about the law and the penalties and disqualification periods that are appropriate.
♦ Experience and knowledge about the different Magistrates and Courts.
♦ Ability to explain to the Court and present evidence to support why you need your licence.
Our Brisbane drink driving lawyers are here to help you with your drink driving charge. If you have a drink driving charge, contact our law firm on our Brisbane phone number (07) 3172 7100. One of our Brisbane drink driving lawyers will give you expert advice for free.
HOW OUR DRINK DRIVING LAWYERS BRISBANE TEAM CAN HELP YOU WITH YOUR DRINK DRIVING CHARGE
1. Free Case Review With a Brisbane Drink Driving Lawyer
Contact us for your free case review with a Brisbane drink driving lawyer. During the case review, the drink driving lawyer will discuss your charge and tell you what you can expect.
2. Fixed and Affordable Fee
Our fee for a member of our drink driving lawyers Brisbane team to represent you for your drink driving charge is fixed and affordable. A fixed fee means there are no hidden costs, it is a one all-inclusive fee so you know upfront what we are charging you.
3. Experienced Brisbane Drink Driving Lawyer Representing you in Court
The drink driving lawyer standing up in Court and speaking for you is a senior lawyer and an experienced advocate.
FREE-IN-DEPTH NO OBLIGATION CASE REVIEW WITH ONE OF OUR BRISBANE DRINK DRIVING LAWYERS
LET OUR BRISBANE DRINK DRIVING LAWYERS TAKE OVER FROM HERE
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111 Eagle Street
BRISBANE QLD 4000
PHONE: 1800 LAW 000 (1800 529 000)
FAX: (07) 3054 7390