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Drink Driving (DUI) Lawyers

Are you facing a drink driving charge?

 

If you are caught drink driving you will in most circumstances have to go to court. You should not under-estimate the seriousness of this type of charge and how it will impact upon you. Many people do not realise how technical traffic law is and how serious the penalties can be, particularly for repeat offenders.

 

You may also be breaking the law even if you don’t drink drive for example failing to provide a sample, or if you have been drinking and you are the person “in charge” of the vehicle.

 

What if I am just sitting in the car and not driving?

 

In Queensland it is an offence if you are under the influence of drugs or alcohol to be ‘in charge of a vehicle’. This can mean that by merely sitting in the vehicle when over the legal alcohol limit you can be charged with drink driving. 

 

You may even be charged with drink driving if you are sleeping in the vehicle. You will have to prove to the police that you are not in charge of the vehicle. 

 

Can I be charged for drink driving on a bicycle?

 

Yes.  You can be charged with drink driving if you are over the legal alcohol limit and in charge of any mode of transport that has wheels. This includes anything with a motor, cars, motorbikes, jet skis, boats, bicycles, skateboards and even golf buggies.

 

I’ve been caught drink driving. Is it okay if I continue driving up until my court date?

 

If the police pull you over and you are over the legal alcohol limit you will be suspended from driving for 24 hours. If you drive within this 24 hour suspension even to move your car, you are breaking the law and will be charged with a more serious offence of driving while suspended.

 

For some drink driving offences your licence is suspended immediately, not just for 24 hours, and if you drive any time before you go to court you are breaking the law.

 

These include:

  • driving/in charge of a motor vehicle with a BAC of 0.10% or more (the middle alcohol limit), or

  • not giving the police a breath specimen or allowing them to take blood for it to be analysed

  • a second drink driving offence while you still have a drink driving charge to be finalised in court.

 

Am I eligible for a work licence?

 

It is becoming harder to get a restricted work licence with strict criteria meaning less people are eligible to apply.

 

If you have been charged with drink driving in Queensland, you may be eligible for a restricted work licence. The work licence has strict conditions and time limits to apply. It is important that your application is well prepared and properly presented to the Magistrate.           

 

Our traffic lawyers are experienced in these applications and have a high success rate.  Don't risk losing your one chance to save your licence. Contact us today to discuss your application and how we can help you. Or check out our licence applications for more details. 

 

What if I’m charged with multiple offences?

 

Cumulative disqualifications now apply in some cases, that means disqualification periods are served one after the other rather than at the same time, resulting in very lengthy periods of licence disqualification. If you are charged with more than one drink driving offence within a five year period, the penaltie and disqualifications increase, you may become subject to the anti-hoon impoundment and forfeiture laws, and you may be subject to the alcohol ignition interlock program. 

 

Do I need a Lawyer for a Drink Drive Offence? 

 

For these reasons, it is important now more than ever, to get legal advice from an expert traffic lawyer before you go to Court. A drink/drug driving charge can have a serious impact on your life, more so if you rely on your driver licence to do your job or meet your family commitments. Having a lawyer from Queensland Traffic Lawyers will take the stress out of your dealings with the police and the courts and avoid mistakes that could result in you losing your licence for a very long time or even a term of imprisonment.

 

What will my penalty be? 

 

The penalties substantially increase if you have prior convictions for similar offences, particularly in the last 5 years. Queensland Traffic Lawyers can help you with all drink/drug driving related charges so that you get the best possible outcome and minimise the length of your licence disqualification.

 

To help you understand the range of potential penalties you can look up your charge below. This table does not include every possible scenario and you should contact us for more information about the likely penalty that may apply to you.

 

 

DRINK / DRUG DRIVING PENALTY TABLE 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                

Offence

UIL (0.15% or over)

0.100% - 0.149 %

0.50% - 0.099 %

0.00% - 0.049% if on restriced licence

driving with relevant drug present in blood or saliva

Previous Drink Drive in the past 5 years

Madatory Licence Disqualification

Maximum Penalty

None

None

None

None

None

1 conviction for UIL

2 or more convictions for UIL

6 months

1 year

2 years

3 - 12 months

1 - 9 months

3 - 9  months

1 - 9  months

$3080 or 9 months imprisonment

$6600 or 9 months imprisonment

Madatory Imprisonment

$2200 or 6 months imprisonment

$1540 or 3 months imprisonment

$1540 or 3 months imprisonment

$1540 or 3 months imprisonment

What drink driving programs are available?

 

Queensland Traffic Offenders Program is an option available to persons who wish to plead guilty to a traffic offence, ranging from drink driving to disqualified driving to unsafe and or reckless driving. The program is designed to increase the understanding of participants of their social commitments in general and traffic laws in particular. When sentencing an offender, a magistrate may take into account any changes of attitude exhibited by the offender while participating in the program. A fee applies, contact the organisation for the exact amount.

 

Under the Limit is an 11 week drink driving prevention and rehabilitation program that is offered through the magistrates courts in association with a probation order or on legal or self referral. A fee applies, contact the organisation for the exact amount.

 

For more information on Drug Driving click HERE

Contact Us

 

Queensland Traffic Lawyers


(07) 5532 3133

 

Gold Coast Office

44 Davenport St

Southport QLD

 

​​

 

Brisbane Office

6/140 Ann St

Brisbane QLD

 

 

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