Drink driving penalties QLD
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Drink driving in Queensland is governed by theTransport Operations (Road Use Management) Act 1995 (Qld). Penalties for drink driving vary based on your blood alcohol concentration (BAC), licence type and prior criminal offences. Higher BAC readings or repeat offences can lead to harsher penalties, including longer mandatory disqualification periods, fines and imprisonment. The courts balance the need for public safety, considering factors of remorse and your individual circumstances when imposing a sentence.
At Drink Driver Lawyers, we have successfully defended many clients charged with drink driving offences across Queensland. We often secure our clients with the minimum penalties and help clients avoid a conviction being recorded on their criminal record.
For a free confidential consultation, contact our expert traffic lawyers on 07 3999 8661
What constitutes drink driving in Queensland?
Drink driving in Queensland means that you have a blood alcohol concentration (BAC) over the legal limit while in charge of a vehicle. This includes situations where you’re not even driving your vehicle, if you still have control of the vehicle (sitting in drivers seat with keys) that can be constituted as drink driving, as you’re in charge of your vehicle and may have an intention to drive.
Points to consider:
- Open licence holders must have a BAC under 0.05%
- Drivers holding a provisional licence (Learners, P1/P2) must have 0.00% BAC.
- Uber, taxi, limousine and rideshare drivers must have a 0.00% BAC.
- Bus drivers carrying more than 12 passengers must have a 0.00% BAC.
- Truck drivers operating heavy vehicles over 4.5 tonnes GVM must also comply with a 0.00% BAC limit.
- Drivers transporting dangerous goods or operating under a driver trainer accreditation are held to a 0.00% BAC standard.
What are the penalties for drink driving in QLD?
Penalties for drink driving in Queensland vary depending on your blood alcohol concentration (BAC), licence type, and prior offences. They can include fines, licence disqualification, and even imprisonment for more serious or repeat offences.
Below is a breakdown of the different drink driving offences and their maximum penalties.
Low range drink driving
Low range drink driving in Queensland occurs when a person is in charge of a vehicle with a blood alcohol reading over the general limit, between 0.05% and 0.099%.
What are the penalties for low range drink driving in QLD?
The maximum penalties for low range drink driving are a fine up to $2,250 or imprisonment up to 3 months. The courts will also impose a mandatory minimum disqualification period between 1-9 months, the specific length will depend on the circumstances of your case and prior criminal history.
Mid range drink driving
Mid range drink driving in Queensland occurs when a person is in charge of a vehicle with a blood alcohol reading between 0.10% and 0.149%.
What are the penalties for mid range drink driving in QLD?
The maximum penalties for low range drink driving are a fine up to $3,220 or imprisonment up to 6 months. The courts will also impose a mandatory minimum disqualification period between 3-12 months, the specific length will depend on the circumstances of your case and prior criminal history.
High range drink driving
High range drink driving in Queensland occurs when a person is in charge of a vehicle with a blood alcohol reading of 0.15% or higher. This offence is considered driving under the influence (UIL) and is treated as the most serious category of drink driving.
What are the penalties for high range drink driving in QLD?
The maximum penalties for high range drink driving are a fine up to $4,599 or imprisonment up to 9 months. The court will also impose a mandatory minimum disqualification period of 6 months, with no maximum limit. The specific length is at the court’s discretion and will depend on the circumstances of your case and your prior criminal history.
If you’re unsure about the charges you’re facing, call us on 07 3999 8661. One of our experienced traffic lawyers will provide a free consultation and help you understand your options.
How is drink driving testing conducted in Queensland?
In Queensland, drink driving testing is conducted through roadside breath tests, commonly known as Random Breath Testing (RBT). Police officers can stop any driver at any time to conduct a breath test, regardless of whether the driver has committed an offence.
How the Testing Process Works:
Drink driving in Queensland is primarily enforced through Random Breath Testing (RBT), police have the power to stop drivers at any time without suspicion to conduct a roadside breath test. Here are steps that occur after being stopped:
- Initial Breath Test: Upon being stopped for an RBT, you will be required to provide a preliminary breath sample using a handheld device from police (Breathalyzer). You will be directed to blow steadily into the device. The Breathalyzer will provide an immediate result outlining your current BAC level.
- Positive Result: If alcohol is detected and you’re over the general alcohol limit, you will be required to undergo a secondary breath analysis test. This test is more accurate and is typically conducted at a police station or mobile testing unit.
- Negative Result: If no alcohol is detected, you’re free to go. However, the police do have the power to conduct further analysis if required.
- Medical Exemptions: If you’re unable to provide a breath sample due to medical reasons and have a valid medical certificate, you may be required to provide a blood specimen instead.
- Secondary Breath Analysis Test: You will be directed to use a certified breath analysis machine operated by a trained officer. This device provides a legally admissible BAC reading. The result is recorded in a certificate, which may be used as evidence in court if charges are laid. Refusing to undergo this test without a valid reason is a serious offence and may result in penalties equivalent to driving under the influence.
- Positive Secondary Breath Analysis Test: Depending on the type of drink driving you have committed, the police will suspend your licence on the spot. If you blow low range you will be suspended for 24 hours and cannot drive during that period of time. If you blow mid range or high range, you will be suspended until the finalisation of your matter in court. The police will then generally provide you with a notice to appear (NTA) to appear on court at a specific date for your first court hearing, you must attend this.
Driving during a suspension can result in further charges of driving while disqualified, this can result in further disqualification periods and fines.
- Negative Secondary Breath Analysis Test: If no alcohol is detected or you’re under the general limit of 0.05%, you will be free to go.
What legal defences are there for drink driving charges?
- Not ‘in charge’ of the vehicle: If at the time of the offence, you weren’t able to control or operate the vehicle, such as laying down in the backseat or had no access to your keys, it may be possible to argue that you were not ‘in charge’ of the vehicle.
- Extraordinary emergency: This can apply if you responded to an unexpected and serious emergency. The courts will determine if it was reasonable for someone in a similar position to drive over the BAC limit to prevent serious harm, this defence is rarely accepted and only applied when the emergency is of extraordinary circumstances.
- Involuntary intoxication: This defence can apply if you were unknowingly drugged or spiked, causing the high BAC. Evidence will need to be obtained to prove involuntary intoxication occurred, this can be done through CCTV footage or witness statements.
- Three hour limit: Under Queensland law, police must conduct a breath or blood test within three hours of the alleged offence. If a test is taken outside this timeframe, the results may not be admissible in court. This defence is quite technical and relies heavily on the timing of events and the evidence available from prosecution.
These defences can only apply in certain situations and may not be available for every case. Its important to seek legal advice immediately to determine the best steps moving forward.
Call Drink Driver Lawyer on 07 3999 8661 for a free confidential consultation.
When should you seek legal advice for a drink driving charge in QLD?
You should seek legal advice as soon as possible after being charged with a drink driving offence. Our expert traffic lawyers can help you understand your charges and explain the best legal process moving forward. Seeking legal advice is important, especially if you’re facing a low range or mid range drink driving offence and you need a work licence. Our lawyers can assist with preparing work licence applications, helping you get back on the road sooner.
Our legal strategy for reducing drink driving penalties in QLD
Initial consultation
During the initial consultation, our lawyers will review the facts of your drink driving case and determine the best legal options moving forward.
Case assessment
Once onboarded, we will review the QP9 (alleged facts and police version of events) and determine any weaknesses or inconsistencies that may exist in the prosecution's case.
Developing a defence strategy
Our expert lawyers will analyse all evidence available and build a tailored defence strategy for your unique circumstances.
Court representation
Our lawyers are well trained in court advocacy, we will stand by you in court and clearly present your case, fighting for the best possible outcome in court.
Drink driving penalty FAQs
How long will i lose my licence for drink driving?
- Low range (0.05%–0.099%): Disqualification of 1 to 9 months.
- Mid range (0.10%–0.149%): Disqualification of 3 to 12 months.
- High range (0.15% and above): Minimum 6 months, with no maximum limit, the court has discretion to impose a longer disqualification.
- Learner, P1/P2, and professional drivers (0.00% BAC limit): Disqualification starting from 3 months.
- Repeat offenders: Longer disqualification periods apply (up to 2 years or more) depending on prior offences.
Can I apply for a work licence after a drink driving offence in QLD?
Yes. You can only apply for a work licence if you are charged with a low range or mid range drink driving offence in Queensland, you must also meet other strict criteria.
Our lawyers can assist in preparing work licence applications for our clients, call us on 07 3999 8661 for a free consultation.
Will I get a criminal record for drink driving?
Yes and no. Drink driving is a criminal offence in Queensland, and a conviction can be recorded on your criminal history. However, whether a conviction is recorded is ultimately at the discretion of the magistrate.
Hiring an experienced traffic lawyer can help you present your case in the best possible light and may increase your chances of avoiding a conviction being recorded.
Can I refuse a breathalyser test in Queensland?
No. You cannot lawfully refuse a breath test when requested by police. Refusing to provide a breath or saliva sample is an offence and carries significant penalties. If you’re arrested for a traffic offence or treated in hospital after a crash and refuse testing, you may also face penalties for driving under the influence, including a mandatory 6 month minimum licence disqualification.
Will drink driving affect my car insurance in QLD?
If you’re involved in an accident while over the legal blood alcohol limit, your insurer may refuse to cover damages to your vehicle. Some policies also exclude coverage even if you’re under the limit but have alcohol in your system. It’s essential to read your Product Disclosure Statement (PDS) carefully, as different insurers may have exclusions relating to drink driving.