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13 Hicks Street, Southport, Queensland, 4215
Looking after clients facing DUI & drink driving charges
Our DUI & Drink driving lawyers can help with
WORK LICENCES | POLICE CHARGES | HARDSHIP ORDERS
If you have been charged with drink driving on the Gold Coast, then time is already of the essence for making decisions that will impact your licence, your career, your freedom, and your future choices. Our drink driving lawyers Gold Coast team deals with drink driving charges every single day of the week at Southport Magistrates Court and other local courts. We are well aware of the penalties you face and what actually works, so we can put your drink driving charge in the best possible position.
If you already know you need help, call us today for a free and confidential consultation, and we will tell you exactly where you stand.
Gold Coast DUI lawyers who protect your licence and livelihood
Your licence is not just a privilege; it is your livelihood. If you lose your licence, what this really means is that you cannot earn a living. This is why we take every drink driving charge seriously as Gold Coast DUI lawyers.
We are specialist traffic and drink driving lawyers, not general practitioners of law who occasionally deal with a traffic matter or two between property settlements and family disputes. The advantage of being specialist lawyers is that we have seen all variations of your situation before. This could be for a first offence of low-range drink driving, drug driving, high-range drink driving with previous convictions, or anything else. We also know what works for Gold Coast magistrates and what prosecutors are prepared to listen to. We also know where the weaknesses in the evidence lie.
The job is simple: protect your licence wherever possible, minimise penalties when that is not possible, so that one mistake does not define your entire life.
What happens after you are caught drink driving on the Gold Coast
Most of the people who call us are trying to make sense of what just happened. You were stopped by the police and asked to take a random breath test. Within minutes, your life changed. It is always good to know what happens next to make the best out of the situation.
Your licence is immediately suspended
The moment you return a positive breath test or blood test over the legal limit, your licence is immediately suspended on the spot. The police officer will issue you with a notice, and from that moment onwards, you cannot legally drive. This is not something that occurs after the court case; this occurs on the road that night. The immediate suspension of the licence is contained within the Transport Operations (Road Use Management) Act 1995, which is the main piece of legislation dealing with drink driving charges in Queensland.
In most cases of drink driving, the immediate suspension will last until you appear in court, and this could be several weeks away. If you need to use your motor vehicle to get to work, then the delay between being charged and having to attend court is when the harm begins. This is also the timeframe when decisions about work licences need to be made, and this is more important than most people think.
The court process at Southport and local Gold Coast magistrates courts
Your drink driving charges will be heard at the magistrates court nearest to where you were charged with the drink driving offence. For most Gold Coast cases, this will mean Southport Magistrates Court, although some cases from the north end of the Gold Coast may involve Beenleigh or Coolangatta magistrates courts.
This is what happens. You are given a court date, which is usually four or six weeks after you are charged. On that first day, you can either enter a plea or ask for an adjournment in order to sort out legal representation. If you enter a guilty plea, the magistrate will sentence you on the day in the simplest of cases. If you enter a plea of not guilty, it is set down for a hearing at a later time.
The legal system can be quite intimidating if you are not familiar with being in a courtroom. We have lawyers who attend court on a weekly basis at Southport and the surrounding Gold Coast courts, so we can assist with what to expect at each step.
Drink driving offences we defend
In Queensland, drink driving laws classify drink driving offences based on the level of your blood alcohol concentration at the time of the drink driving offence. Each level attracts its own set of fines and the length of the licence suspension. The options available to you also vary accordingly. Here are the drink driving levels:
Low range drink driving
If your BAC reads between 0.050 and 0.099, then you are facing a low range drink driving charge. If you hold a provisional licence, then the BAC must read zero. Low range drink driving is the most common charge we deal with, and although the penalties are not as severe as those for higher BAC readings, it is still a serious charge that will result in a licence disqualification period and a criminal record.
However, low range drink driving charges are also the ones with the greatest opportunity for a successful result. If you have a solid case, then it can pay off in terms of a positive result.
Mid range drink driving
Mid-range drink driving is between 0.100 and 0.149, and the penalties become much stiffer at this point. You are looking at longer periods of disqualification, increased fines, and the magistrate is going to consider your circumstances much more carefully before passing sentence.
This is the range of drink driving where good legal representation really makes a big difference in the outcome of the case. The difference between a well-prepared guilty plea and an unprepared guilty plea is thousands of dollars in fines and months of disqualification.
High range drink driving
If your blood alcohol concentration is 0.150 or greater, then you are in the high range drink driving category. These are serious charges that are taken very seriously by all magistrates on the Gold Coast. The maximum penalty is significant fines and lengthy licence disqualification, with imprisonment a possibility if this is not your first offence.
These are the charges that drink driving lawyers with experience earn their money on. There is more at risk, the prosecution is more aggressive, and the preparation required to effectively argue mitigating circumstances is considerable. If you are charged with a high range drink driving offence, this is not a charge that should be defended by yourself.
Drug driving charges
Drug driving is a separate offence from alcohol-related offences, and the penalties are just as severe. If you have returned a positive saliva or blood test for a prescribed drug while driving, you will face a disqualification from driving and fines, as well as a criminal conviction.
A drug driving offence can impact your driving history in such a way that the penalties become more severe. If you have previous drink driving offences on your driving history, a drug driving charge will be viewed more seriously.
Penalties you could be facing
Queensland takes drink driving very seriously. The penalties for drink driving reflect this. The actual penalties you could be facing will depend on your reading and whether or not it is a first offence.
Licence disqualification periods
A mandatory minimum disqualification period is involved with every drink driving conviction. The minimum disqualification period involved with low range drink driving convictions for the first offence is one to three months. Mid range drink driving convictions involving the first offence involve longer disqualification periods, ranging from three to six months.
For repeat offenders, the penalties accumulate. If the second offence occurs within five years of the first, much heavier penalties and longer periods of disqualification from driving are enforced. The Queensland Government website has a complete list of the penalties for drink driving, including the maximum fine and the maximum period of disqualification from driving for a range of BAC results, as well as the history of previous offences. The court has the discretion to impose penalties beyond the minimum in every case, which is why the way that you present your case determines the actual penalty of disqualification that is enforced.
Fines and possible imprisonment
Fines for drink driving in Queensland range from about $1,900, which is applicable in the case of low-range first offences, and go up rapidly from there. In the case of high-range and repeat offences, the maximum penalty amounts go into the thousands, and the court has the right to impose imprisonment as well.
While imprisonment for first offence charges at any range is rare, for drink driving offences, it becomes a possibility with repeat offending, especially with high-range drink driving. Hefty fines are far more common, and this does not even take into consideration the disqualification of one’s licence, increased insurance rates, loss of employment, and the cost of alternative transport.
Criminal record and how a conviction affects your future
A conviction for drink driving will appear on your criminal record. This is something many people do not fully grasp until they need to apply for a job, a working with children’s check, or a trip to another country to obtain a visa.
There are some workplaces that carry out criminal record checks as part of standard procedures, especially in industries that include transport, mining, healthcare, and education. A criminal conviction may prevent you from being a fit and proper person to obtain various licences and registrations. It can also impact your visa application to countries like the United States and Canada because they take drink driving convictions seriously at their borders.
How our DUI lawyers work to reduce your penalties
We have a structured preparation process before every case goes to the courtroom.
Challenging the evidence against you
Not all breath tests or blood tests are foolproof. There are very strict procedures that need to be adhered to by the police officer when conducting a random breath test or dealing with the blood test, right through to the processing of the test results. If the procedures have not been adhered to properly, then the evidence against you can be challenged.
We look at the circumstances of the test you took, the calibration of the test equipment at the time of the test, and the procedures with the blood test, right through from the initial stop to the final test results. If there is a weakness, we find it. If there is no weakness, then we can concentrate on the strategies that can actually reduce the penalty against you.
Legal defences that may apply to your charge
Depending on the circumstances, you may have a defence that could see the charges against you reduced or dismissed. These include the honest and reasonable mistake defence and the extraordinary emergency defence (where you drove to save a life), as well as technical defences based on procedural failures by the police.
Not all cases will qualify under all defences, and we will advise you upfront if your defence does not qualify under one of these defence options. However, when you do qualify under one of these defences, the outcome of your matter can change overnight.
Character references and preparation that influence sentencing
When pleading guilty, the actual work begins with the preparation of the sentence. The magistrate has some discretion within the range of the penalty, and what is presented to them is what determines the actual sentence that is handed down. The Queensland Courts sentence according to the principles of punishment, rehabilitation, deterrence, and community protection, as outlined in the Penalties and Sentences Act 1992.
We assist you in obtaining relevant character references from your employer, workmates, influential members of the community, and family members. We prepare detailed written submissions about your personal circumstances, your history of driving, what you may have done since the offence (such as completing a traffic offender program), and why you think the minimum disqualification period should apply to you.
Work licences and special hardship orders
For the majority of our Gold Coast-based clients, the biggest concern is whether they can continue driving to work. The law offers two possible avenues: the restricted work licence, as well as the special hardship order. These two options have different requirements that need to be met, as well as different timing.
Who is eligible for a restricted work licence?
A restricted work licence allows you to use a vehicle during set hours for work purposes only while your main licence is disqualified. To be eligible for a restricted work licence, you must be a first offender with a reading of 0.150 or lower and have held an open licence. You must also prove that their livelihood will be prejudiced if their licence is disqualified.
Provisional licence holders and people with a history of driving offences are not eligible. In addition, there are provisions that require one to be a fit and proper person to be eligible for a restricted licence. This is where previous driving offences and any criminal history may affect one’s eligibility.
How to apply for a special hardship order
A special hardship order is another system that is relevant if your licence was immediately suspended at the roadside. This one gives you the right to drive with restrictions until your court hearing, so you are not left stranded without any means of transport for weeks until your case is heard.
This one is made to the magistrates court and needs evidence of the hardship being suffered as a result of the suspension. Employment contracts, rosters, employer letters, and evidence of the lack of availability of other forms of transport are all useful in this case. We frequently make these applications at the Southport courts.
Why timing matters if you plan to plead guilty
This is where people get caught out, and it’s the most expensive mistake we see on the Gold Coast. If you are going to plead guilty to your drink driving charge before applying for a work licence, you are unable to do so. This eligibility period ends the moment the conviction is recorded.
That means if you go into court without any legal advice and enter a guilty plea on your first day in court, that can effectively mean that you will never be able to get a work licence. It is more common than it should be. People think that they can get a work licence sorted out later on, but by the time they contact us, it is too late.
If you are planning on entering a guilty plea and wish to continue driving as part of your work, then you should seek legal advice prior to your first court date. Not after. Prior to. The timing of your guilty plea and your application for a work licence is something that needs to be coordinated, and if it is not, then it cannot be changed.
Why self-representation is a risk you do not need to take
You have the right to represent yourself in court, and nobody is going to stop you from doing that. However, having the right to represent yourself in court does not necessarily mean that it is good for you to represent yourself in court.
Magistrates deal with self-represented defendants on a daily basis, and they always get tougher sentences than those represented by drink driving lawyers. The unrepresented defendants do not know how to effectively raise mitigating circumstances; they get procedures wrong, they get the timing of their pleas wrong, and they make statements that harm their case.
The cost of a drink driving lawyer is a fraction of what a worse result will cost you in fines, income, time off the road, and increased insurance premiums. And if you add in the possibility of losing your work licence because you have pleaded guilty at the wrong time, the equation becomes even more one-sided.
What makes Drink Driver Lawyers different on the Gold Coast
Fixed-fee pricing with no hidden costs
We charge a fixed fee upfront for your case. The price we quote is all-inclusive – preparation, court work, communication with the prosecution, and work licence applications are all part of the deal. No hidden hourly charges, no surprise bills after the event. We’re transparent upfront so that you know what it will cost before we start, and we can also assist with payment plans if that suits your circumstances.
Thousands of successful work licence applications
We have dealt with thousands of work licence and special hardship order applications on the Gold Coast. This means we have an understanding of what the Court expects and what documentation is important, ensuring that applications are made that are more likely to be granted.
We know the Gold Coast magistrates and prosecutors
Appearing at Southport and surrounding courts every week gives us something that a Brisbane law firm or online service cannot: familiarity. We know the approach of individual magistrates when passing sentence on different ranges of offences, as well as the willingness of some prosecutors to negotiate charges.
Other traffic offences we defend on the Gold Coast
While drink driving is our main focus, we deal with the entire range of traffic charges that come before the Gold Coast local courts. If you have been charged with any driving offence, we can help.
Drug driving
We represent clients charged with all forms of drug driving charges including saliva and blood test cases. The penalty for the drug driving offence is similar to the drink driving offence in terms of its severity. We apply the same meticulous preparation to every case.
Unlicensed driving
Driving while your licence is suspended or cancelled, or after it has expired, can result in severe penalties, including further suspension and even jail terms. We are here to assist you in dealing with any charge of driving without a licence and work towards reducing the penalty according to your circumstances.
Dangerous driving
Dangerous operation of a motor vehicle is one of the more serious driving offences in Queensland. Under section 328A of the Criminal Code, the penalties for this offence are enhanced in circumstances involving the operation of a motor vehicle under the influence of an intoxicating substance or when death or grievous bodily harm results. If you are charged with this offence, you need a seasoned advocate in your corner from the outset.
Traffic offence representation
From speeding tickets and running the red light, through to more serious matters, we represent clients for all manner of traffic offences that are dealt with in Queensland Courts. If it involves your licence, we can help.
Work licences
Whether you require a restricted work licence after being disqualified for drink driving or any other traffic related charge, we can assist you in the application process.
Special hardship orders
In cases where the licence is immediately suspended, and you need to drive before the court date, we prepare and file special hardship order applications with the supporting documentation that Gold Coast magistrates need to see.
Our Gold Coast office
Our office is located near Southport Magistrates Court, which is where most drink driving charges in the Gold Coast area are dealt with. Being close to the courthouse means we’re easily accessible if you need to meet with a lawyer before going to court.
We see clients by appointment, and we offer phone and video consultations if you cannot attend in person. Whether you are based in Surfers Paradise, Robina, Broadbeach, Burleigh Heads, or elsewhere along the Gold Coast, we are accessible.
Get a free confidential case review from our Gold Coast DUI lawyers
If you have been charged with drink driving on the Gold Coast, contact us for a free, confidential consultation. We will discuss your charge with you, what you are facing, and then discuss the options available to you. There are no obligations or pressure, just honest information and drink driving lawyers with experience in dealing with these charges.
Call us now, or complete the form, and we will contact you within an hour.
Frequently Asked Questions
Can I still drive after being charged with drink driving on the Gold Coast?
Generally, no, you cannot continue to drive if you are charged with drink driving on the Gold Coast. Your licence will be suspended immediately if you return a positive breath or blood test over the prescribed limit. However, you may be able to continue to drive if you apply for a special hardship order, but this must be done promptly, and you should contact us as soon as possible if you are charged with drink driving.
What is the minimum disqualification period for a first offence?
The minimum period depends on your blood alcohol concentration range. Low range first offences are one to three months, mid-range three months, and high range six months. The court has the power to extend this period according to the circumstances. The Sentencing Advisory Council has a table that shows maximum sentences under the TORUM Act, should one wish to peruse the entire structure.
Do I have to go to court for a drink driving charge?
Yes. All drink driving charges in Queensland require an appearance before a court. Your matter will be listed at your local magistrates court, and for most people living on the Gold Coast, this will be Southport. In many cases, a lawyer will be able to appear for you, so you do not have to attend court yourself.
What blood alcohol concentration counts as high range in Queensland?
A blood alcohol concentration reading of 0.150 or higher is classified as high range drink driving in Queensland. This is the most serious form of drink driving and has the most severe penalties.
Will a drink driving conviction show up on a criminal record check?
Yes. A drink driving conviction is a criminal conviction and will appear on a national police check. This may have implications in relation to work, professional qualifications, volunteer work, and travel, depending on the requirements of the organisation or country.
How long does a drink driving case take to resolve at Southport Magistrates Court?
In the case of a guilty plea, the matter is resolved on the first court appearance, which is four to six weeks after the charge was made. If you require time to organise a work licence application, it is possible for the court hearing to be adjourned for a short period of two to four weeks. More serious matters involving a hearing can take several months.
Can provisional licence holders be charged at a lower blood alcohol limit?
Yes. Provisional licence holders in Queensland need to maintain a blood alcohol level of zero. Any level above 0.000 will mean a drink driving charge. The penalties for provisional licence holders begin at the same level as open licence holders, although the zero level of alcohol means a charge will follow even at a small level of alcohol consumption.
Is it worth getting a DUI lawyer if I plan to plead guilty?
Yes, it is definitely worth getting one even if you are planning to plead guilty. This is because the magistrate has discretionary power over the range of the penalty that can be imposed on you, and the way in which the guilty plea is presented can make all the difference between the minimum disqualification period and one much longer than that.