DRINK DRIVING LAWYERS CLEVELAND

HOW CAN OUR CLEVELAND DRINK DRIVING LAWYERS HELP YOU?

Our drink driving lawyers in Cleveland will help you as follows:

1. We will liaise with Police Prosecutions to get all the relevant material for your charge.
2. We will provide expert advice regarding your charge, including the likely result and disqualification period.
3. We will give you a fixed, all-inclusive fee to appear in the Cleveland Magistrates Court for you.
4. You will get a seasoned drink driving solicitor representing you. The Cleveland drink-driving lawyer standing by your side in Court and speaking for you is an experienced advocate. They are confident and know what to say in Court to achieve the best possible outcome.

IF I ENGAGE YOUR CLEVELAND DRINK DRIVING LAWYERS TO REPRESENT ME, DO I NEED TO GO TO YOUR OFFICE?

Our drink-driving lawyers are more than willing to meet with you in person if that’s what you prefer. However, we communicate with most of our clients by telephone and email to save them time.

SHOULD I GET A LAWYER FOR MY DRINK DRIVING CHARGE?

A driver licence in Cleveland is imperative. The loss of a driver licence can have significant consequences for your work and everyday living. Engaging a lawyer to represent you can ensure you achieve the best outcome for your situation.

Our lawyers are experienced advocates who regularly appear in Court to argue for clients. They know how to craft submissions to the Court that are highly persuasive and articulate your personal situation and the importance of your driver licence to you. Do not risk your ability to drive by going to Court alone. Engage an experienced traffic lawyer to help you.

Contact Us today for a free, no-obligation chat with one of our traffic lawyers.

WHAT CAN YOU DO TO HELP REDUCE YOUR PENALTY AND DRIVER LICENCE DISQUALIFICATION?

When facing a drink driving charge there are a couple of things you should consider doing:

• Getting character references from persons who know you well and can speak of your good general character. CLICK HERE for more information about writing a character reference and an example.

• Complete a Traffic Offender Program. Completing a traffic offender program demonstrates to the Court you are taking the charge seriously. Completing the program also demonstrates rehabilitation, which is very important to the Court. There are a few options for traffic offender programs, and these are:

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

WHAT ARE THE ALCOHOL LIMITS IN CLEVELAND ?

1. No Alcohol Limit: This means the alcohol concentration in your blood or breath is over zero.
2. General Alcohol Limit: This means the alcohol concentration in your blood or breath equals or exceeds 0.05.
3. Middle Alcohol Limit: This means the alcohol concentration in your blood or breath equals or exceeds 0.10.
4. High Alcohol Limit: This means the concentration of alcohol in your blood or breath is equal to or exceeds 0.15.

PENALTIES AND LICENCE DISQUALIFICATION PERIODS IN CLEVELAND

The penalty and driver licence disqualification period will depend on the following:

1. The type of licence you held at the time of the offence.
2. The concentration of alcohol in your blood or breath.
3. If you have been convicted of drink driving in the past.
4. The factual circumstances in which you were driving.
5. If you took part in an interview with police.
6. If you co-operated with the police.
7. If you plead guilty or go to trial and are found guilty by the Court.

The maximum penalty and disqualification periods for a first-time offender for the different alcohol limits are detailed below. 

Over 0.00% BAC, but not over 0.05% BAC if a certain type of driver

14 penalty units ($2,167.20) or three months imprisonment.

You will be without a licence for 3 to 9 months from the date of conviction.

At or Over 0.05% BAC, but not over 0.10% BAC (Low-range)

14 penalty units ($2,167.20) or three months imprisonment.

You will be without a licence for 1 to 9 months from the date of conviction.

At or Over 0.10% BAC, but not over 0.15% BAC (Mid-range)

20 penalty units ($3,096.00) or six months imprisonment.

You will be without a licence for  3 to 12 months from the date of conviction.

At or Over 0.15% BAC (High-range)

28 penalty units ($4,334.40) or nine months imprisonment.

You will be without a licence for a minimum of 6 months from the date of conviction.

PLEASE NOTE: the maximum penalties and disqualification periods will increase in certain circumstances.

ARE THERE ANY DEFENCES TO A DRINK DRIVING CHARGE?

Yes, in some circumstances, you may have a defence. The most common defences are: 

1. Your breath, saliva, or blood specimen was taken by police over three hours after you had driven, been in charge, or attempted to put the vehicle in motion.
2. You were not driving the vehicle.
3. You did not attempt to put in motion the vehicle.
4. You were not in charge of a vehicle at the time of the offence.
5. There was an extraordinary emergency causing you to drive despite being intoxicated.

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 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.

WHERE IS THE CLEVELAND MAGISTRATES COURT?

The details for the Cleveland Magistrates Court are:

Address: 5 Middle Sreet, Cleveland QLD 4163.

Phone: (07) 3884 3900

Email: [email protected]

TRAFFIC APPLICATIONS AND TRAFFIC OFFENCES WE CAN HELP YOU WITH

• Special Hardship Order Application.

• Work Licence Application. 

• Drink Driving Charges.

• Drug Driving Charges.

• Applications to Remove Driver Licence Disqualifications.

• Unlicensed Driving. 

Our Drink Driving Lawyers Cleveland team can help you now. Do not risk facing a drink driving (DUI) charge alone. Fixed Fees and Free Consult Offered.