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DRINK DRIVING LAWYERS (DUI) QLD 

If you have been charged with a Drink driving (DUI) offence, you need to speak to one of our Drink Driving Lawyers and DUI Lawyers today. Our Drink Driving Lawyers and DUI Lawyers frequently appear in the Magistrates Court for clients who have been charged with drink driving.

Drink Driving (DUI) is one of the most common traffic offences committed.  The Courts take a very dim view of drink driving offences because of the potential harm that can be caused to other road users as a consequence of the intoxication.

Drink driving offences can apply to not only persons who are driving a vehicle, but also persons who attempt to put in motion a vehicle or who are considered to be in charge of a vehicle.

The penalties for drink driving (DUI) are severe and can result in imprisonment. In some circumstances the Court must impose a term of imprisonment.

The penalties for drink driving (DUI) depend on a number of factors, including: 

♦ the circumstances of the driving.

♦ your antecedents (age, background etc.).

♦ if you have a prior criminal or traffic history.

♦ the type of driver licence held by you at the time of the offence (if any).

♦ your Blood Alcohol Concentration level (BAC) at the time of driving.

♦ the type of vehicle that was being driven.

 

The Transport Operations and Road Use Management Act 1995 (Qld) governs drink driving offences. This legislation is very complicated and there are many different penalties that are applicable depending on the blood alcohol concentration (BAC) and whether or not a person has previously been convicted of a traffic offence or offences under the Criminal Code involving driving.

 

Our Drink Driving Lawyers and DUI Lawyers can assist you with your DUI case in this complex area of law and achieve the best possible outcome for you.

 

 

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What are the Alcohol Limits in Queensland?

Queensland has 4 different types of alcohol limits that determine the different types of penalties that may be applicable. These 4 types of limits are: –

(1) No alcohol limit

You will be over this limit if the concentration of alcohol in your blood or breath is greater than zero.

(2) General alcohol limit

You will be over this limit if the concentration of alcohol in your blood or breath is greater than 0.05 BAC.

(3) Middle alcohol limit

You will be over this limit if the concentration of alcohol in your blood or breath is greater than 0.10 BAC.

(4) High alcohol limit

You will be over this limit if the concentration of alcohol in your blood or breath is greater than 0.15 BAC.

What are the Penalties & Disqualification Periods for Drink Driving in Queensland?

Driving while over the no alcohol limit but not over the general alcohol (0.05 BAC) limit if particular type of driver or licence

The maximum penalty for a first time offender is 14 penalty units ($1,929.90) or 3 months imprisonment. PLEASE NOTE the maximum penalty increases in certain circumstances.

The mandatory disqualification period for a first time offender is 3 to 9 months from the date of conviction. PLEASE NOTE the maximum period of disqualification increases in certain circumstances.

Driving while over the general alcohol limit (0.05 BAC), but not over middle alcohol limit (0.10 BAC)

The maximum penalty for a first time offender is 14 penalty units ($1,929.90) or 3 months imprisonment. PLEASE NOTE the maximum penalty increases in certain circumstances.

The mandatory disqualification period for a first time offender is between 1 to 9 months from the date of conviction. PLEASE NOTE the maximum period of disqualification increases in certain circumstances.

Driving while over the middle alcohol limit (0.10 BAC), but not over high alcohol limit (0.15 BAC) 

The maximum penalty for a first time offender is 20 penalty units ($2,757.00) or 6 months imprisonment. PLEASE NOTE the maximum penalty increases in certain circumstances.

The mandatory disqualification period for a first time offender is 3 to 12 months from the date of conviction. PLEASE NOTE the maximum period of disqualification increases in certain circumstances.

Driving while over the high alcohol limit (0.15 BAC)

The maximum penalty for a first time offender is 28 penalty units ($3,859.80) or 9 months imprisonment. PLEASE NOTE the maximum penalty increases in certain circumstances and in some circumstances the legislation provides the Court must impose a term of imprisonment.

The mandatory disqualification period for a first time offender is 6 months from the date of conviction. PLEASE NOTE the maximum period of disqualification increases in certain circumstances.

What defences are there for Drink Driving? 

1.The breath, saliva or blood specimen taken by 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 of 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.

Recent Drink Driving QLD Court Results 

Below are some of the recent results our team of Drink Driving Lawyers and DUI lawyers have achieved for our clients. 

Court: Ipswich Magistrates Court

Traffic History:  Yes.

Previous drink driving: No.  

BAC: 0.058%

Result: $500.00 fine.

Disqualification period: 1 month.

Court: Brisbane Magistrates Court

Traffic History:  Yes.

Previous drink driving: No.

BAC: 0.062%.

Result: $300.00 fine.

Disqualification period: 1 month.

Court: Brisbane Magistrates Court

Traffic History:  Yes.

Previous drink driving: Yes (1 x 7.5 years prior).

BAC: 0.073%

Result: $500.00 fine.

Disqualification period: 2 months.

Court: Maroochydore Magistrates Court

Traffic History:  Yes.

Previous drink driving: Yes (1 in the 5 years prior).

BAC: 0.083%

Result: $700.00 fine.

Disqualification period: 3 months.

Court: Brisbane Magistrates Court

Traffic History:  Yes.

Previous drink driving:  No.

BAC: 0.09%.

Result: $500.00 fine.

Disqualification period: 2 months.

Court: Brisbane Magistrates Court

Traffic History: Yes.

Previous drink driving: No.

BAC: 0.109%

Result: $550.00 fine.

Disqualification period: 3 months.

Court: Ipswich Magistrates Court

Traffic History:  Yes.

Previous drink driving: Yes. 

BAC: 0.117%

Result: $750.00 fine.

Disqualification period: 3 months.

Court: Caboolture Magistrates Court

Traffic History:  Yes.

Previous drink driving: No.

BAC: 0.141%.

Result: $700.00 fine.

Disqualification period: 5 months.

Court: Ipswich Magistrates Court

Traffic History:  Yes.

Previous drink driving: Yes. 

BAC: 0.174%

Result: $1,100.00 fine.

Disqualification period: 8 months.

Court: Ipswich Magistrates Court

Traffic History:  Yes.

Previous drink driving: Yes. 

BAC: 0.186%

Result: $1,200.00 fine.

Disqualification period: 10 months.

Court: Brisbane Magistrates Court

Traffic History:  Yes.

Previous drink driving: No.

BAC: 0.197%

Result: $1,120.00 fine.

Disqualification period: 8 months.

Court: Southport Magistrates Court

Traffic History: Yes.

Previous drink driving: No.

BAC: 0.217%

Result: $1,200.00 fine.

Disqualification period: 10 months.

Call the Queensland Drink Driving Experts

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