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Penalties for drink driving offences in Brisbane
The penalties for drink driving offences in Queensland, Australia, vary according to the level of your BAC reading. The higher the BAC reading, the heavier the penalties. Fines and penalties for the disqualification of your licence get heavier as the BAC reading increases, and at the higher end of the scale, jail is a possibility. Here is what each category of BAC reading means if it is a first offence, as well as what the penalties are if it is a repeat offence.
Low range drink driving (0.05 to 0.099 BAC)
The penalties for a first offence in this range include a maximum fine of $2,336 and a licence suspension of one to nine months. The court can also order a period on the alcohol interlock device program.
Most people caught in this range are just over the limit. Maybe it was a second drink with dinner, or a drink at lunchtime that hadn’t been out of your system long enough when you drove home. The penalties may not be too harsh, but a criminal record is a criminal record, and so is a record on your licence.
Mid range drink driving (0.10 to 0.149 BAC)
For the mid-range drink driving, the maximum penalty is $3,338, along with a maximum of six months imprisonment, which is applicable if it is the first offence. The licence disqualification period now starts at a minimum of three months, going as high as twelve months. The alcohol interlock program is also applicable at this range.
This is the range at which the magistrate begins to consider the circumstances that led to the commission of the offence. The reading, the location of the reading, whether anyone was with you, and your history of traffic offences are some of the things that the magistrate will consider at this range. Having a specialist DUI lawyer present your case could mean the difference between the shortest licence disqualification period and a much longer period.
High range drink driving (0.15 BAC and above)
The most serious form of drink driving, apart from causing an accident, is high range drink driving. The maximum penalty for the first offence of high range drink driving is $4,673 or nine months imprisonment. Disqualification from driving may be for as little as six months, but in the case of high range, the interlock device is mandatory, and the disqualification may be for much longer, depending on how much over 0.15 your reading was.
A reading of 0.20 or higher is treated quite differently to a reading of 0.15 or lower. Magistrates in the Brisbane Magistrates Court deal with readings in the mid-0.2 range on a regular basis, and the penalties handed out reflect this. At these levels, it’s not as easy to avoid conviction without the assistance of experienced legal counsel that can show mitigating circumstances. The offences, as well as the penalty brackets, are outlined in the Transport Operations (Road Use Management) Act 1995.
Penalties for learner, provisional, and zero-limit licence holders
If a driver is holding a learner or provisional licence in Queensland, then the BAC level is zero. This also includes professional drivers such as those with a motor vehicle licence for heavy vehicles or public passenger transport vehicles. The level must not be more than 0.00.
Drivers with a provisional licence who are found with any amount of alcohol in their system are liable to a fine of up to $2,336 and a minimum three-month ban from driving for a first offence. The ban period will be longer for higher levels of alcohol in the system. Young drivers on a provisional licence may not be aware that if they have a 0.02 per cent reading after a night out on the town the night before, they can be charged, end up with a criminal record, and be banned from driving for months. The Queensland Law Handbook has a detailed summary of drink driving offences and zero limit rules for various licence types.
How we defend drink driving charges in Brisbane
There is an assumption that drink driving charges are open and closed. You blew over the limit, so there is nothing to fight. But this is very wrong!
In every drink driving offence, there are certain technical and procedural requirements that have to be met by the police. This includes the calibration of the breath testing device, ensuring it is used according to the guidelines, and the proper protocol being followed by the operator, including the observation period prior to the test. The paperwork has to be done correctly, and the charges have to be filed within a certain period.
Our experienced DUI lawyers look at every aspect of the case. We look at the circumstances which led to the stop, the testing procedure, the evidence itself, and whether or not any of your rights were violated in the course of the legal process. If there was a deficiency in the procedure, we’ll capitalise on that deficiency. If the evidence against you is overwhelming, then we’ll concentrate on trying to get the best possible sentence to reduce the penalty and protect your licence as much as possible.
We also look at personal circumstances. Your work situation, your dependents, your driving record, and things you’ve done previously, such as booking yourself into a traffic offenders program. These things matter to magistrates. Presenting these effectively is what an experienced DUI lawyer does that you cannot do for yourself.
Can you keep your licence after a drink driving charge?
The loss of your licence is the first thing you’ll likely worry about when charged with drink driving. It is usually more concerning than the fine or the criminal record because you need to get to work or drop the kids off at school. There are two ways to retain your licence, but with very strict conditions and within short periods.
Restricted work licence eligibility
The restricted work licence allows an individual to drive only to and from work during the period of their disqualification. However, an individual must be required to drive as part of their job and not merely to travel to and from work. In addition, the application must be made within a specified period, and failure to meet the deadline means that the individual misses the opportunity permanently.
Individuals are not eligible if their blood alcohol reading is 0.15 per cent and above. In addition, individuals who are repeat offenders are not eligible. Individuals with learner and provisional driving licences are also not eligible. However, an individual is more likely to be granted a work licence if their application is prepared and presented effectively by an experienced lawyer. This is because the magistrates have the discretion to dismiss an application that is not properly prepared, even if the individual is eligible.
Special hardship orders
A special hardship order is not the same as a work licence. It comes into play when your licence has already been suspended by the Department of Transport rather than the court, and you show evidence of extreme hardship. This may involve medical appointments that cannot be reached by public transport or caring for a family member who has no alternative form of transport.
The test for this is quite strict, and the court must be able to see evidence of hardship, not just hardship itself. Medical reports and letters from your employer, as well as maps showing the lack of public transport, are the evidence that we build into the application for the special hardship order, or it will not be granted.
What happens after a random breath test in Brisbane
You see the flashing lights, pull over, and the officer asks you to count to ten into a small handheld device. That is the roadside breath test, the beginning of the legal process that could end with a conviction for drink driving if your breath alcohol reading is above the limit.
If the test on the side of the road was positive, then you’ll be taken to a police station or a breath testing bus to have your breath analysed by a more accurate device. This is the test that actually counts in court. You’ll be given two tests, and the lower of the two is the one that counts.
If the test was positive, then the police will give you a court attendance notice if the test also indicated that your blood alcohol content was over the limit. Your licence will be suspended immediately under the 24-hour suspension, and you’ll also get a Queensland Transport suspension notice. You’re not going home that night.
After this point, you tend to have a few weeks before your initial court hearing at Brisbane Magistrates Court. It is at this point that you should be seeking advice, not the morning of your court date. The Queensland Government provides the full drink driving process, immediate suspension rules, and what to expect on their drink driving penalties and charges page. You should be seeking advice from a drink driving lawyer as soon as possible.
How Brisbane Magistrates Court deals with drink driving cases
Brisbane Magistrates Court on George Street is one of the busiest courts in Brisbane, with many drink driving cases dealt with every week. If you have been charged with a drink driving offence in the Brisbane policing district, this is where your case will be heard. Having an understanding of how this particular court works is a huge advantage over going in blind.
In Brisbane, drink driving charges are usually listed first in the general mention list. This is a short appearance where you will need to verify your plea. If you are guilty, the matter may be finalised on the same day or adjourned for a short period of time to allow your lawyer to prepare his/her sentencing submissions. If you are not guilty, the matter will be adjourned for a contested hearing on a future date.
The magistrates in Brisbane are on a rotation, but there are certain ones that deal with the bulk of the traffic matters. Each has their own way of dealing with things. Some put a lot of weight on the things you’ve done since the offence, like completing a drink driver education program. Others are more concerned with the actual reading and your traffic history. It is important information because it determines how your lawyer will present on the day.
Court days can be very long. Drink driving cases are heard with all other criminal and traffic cases, and you may have to wait hours for your matter to be called. Having a lawyer appear on your behalf means, in many cases, you won’t need to attend court at all. The lawyer will attend on your behalf, make representations, and then contact you with the outcome. For some people, unable to afford a day off work, or who find the court system too stressful, this in itself justifies the cost of a lawyer.
Our Brisbane drink driving lawyers regularly appear at this court. We know the prosecutors and the magistrates, and we know how the court runs. This is an advantage. It allows us to give you an accurate idea of what a reasonable outcome for your particular charge will look like.
Repeat offenders and escalating penalties
The Queensland system treats repeat offenders severely. For example, a second drink driving conviction within five years will mean stiffer fines, longer disqualification periods, the mandatory fitting of an alcohol interlock device, and a good chance of actual imprisonment instead of a suspended sentence.
For a second low-range offence, the maximum fine is doubled and the minimum period of disqualification is between six and twelve months. For a second high-range offence, you could face a maximum of 18 months’ imprisonment and be disqualified from driving for at least six months, and often for many more months. For a third offence, you enter a territory where you could go to jail.
Repeat offenders also miss out on some of the options that are available to first-time offenders. Options for a work licence are reduced. The attitude of the magistrates towards submissions for mitigation on the grounds of hardship is not as sympathetic for repeat offenders. The circumstances of the offence must demonstrate that there has been a change, whether this has been through medical intervention or not.
When dealing with a second or subsequent charge, what is needed is an experienced lawyer who is aware of the ways in which repeat offences can be put in the best possible light. There are still options available, although the room for error is much tighter.
How a drink driving conviction affects your criminal record, employment, travel, and insurance
Most people who are charged with drink driving are concerned with the fine and the licence penalty. However, a criminal conviction is not so easy to get rid of.
A drink driving conviction is a criminal offence rather than a traffic infringement in Queensland. It is recorded on your criminal record, which means it can come back on police checks, working with children checks, as well as employer background checks. For those in healthcare, education, finance, government, or any other industry that requires a clean criminal record or security clearances, this is where the true harm is. There are some workplaces that have policies that require employees to disclose if they have any criminal convictions, and a drink driving offence that occurred years ago can come back to haunt you at the worst possible time.
Travel is another blind spot. The United States, for example, has the right to refuse entry to anyone with a criminal conviction, including drink driving. Canada has the same rules. If you travel for work or want to go on holiday, a conviction is a hassle that people don’t think about when they are worrying about the court date.
There are ways to minimise these consequences. The Penalties and Sentences Act 1992 gives the court discretion to either record or not record a conviction, and this makes all the difference. A skilled drink driving lawyer will strive to get a non-conviction order, especially when this is possible, as this means that you can plead guilty to your charges and receive a penalty without having a criminal conviction on your record. The section that deals with this is section 12 of the Penalties and Sentences Act 1992, which deals with what the court has to take into consideration when making this decision. While this is not always possible, especially when your BAC is high or when this is your second offence, when it is possible, this is the most valuable thing that your lawyer can achieve on your behalf.
What does a drink driving lawyer actually cost?
Legal fees are a legitimate concern. Just been caught with a drink driving charge, about to lose your licence, and now lawyer costs on top of court fines? We get it. We know that this is not a great time, so we’ll try to make this part as simple as possible.
The fee structure we operate is a fixed fee structure. This means that we charge a set fee that is determined prior to the commencement of your case, without any hourly charges that escalate each time you send an email or make a phone call. The fee structure is dependent on the complexity of your case. The simplest case, such as a guilty plea for a first offence, is less costly than a more complex case that requires a hearing or a work licence application in addition to the main charge.
For most drink driving charges in Brisbane, our fixed fees commence at a level that is competitive with other traffic offence lawyers in the southeast of Queensland. In addition, we offer payment plans, as we understand that the timing of these charges is not likely to coincide with a fat bank balance.
What matters more than the legal fee is what it ends up costing you as a self-representing party. A longer period of disqualification, a criminal conviction on your record that could have been avoided, and an application for a work licence being rejected because it was not properly prepared are all things that are far more important than legal fees.
Get a free consultation with a Brisbane drink driving lawyer
If you’ve been charged with drink driving in Brisbane, call us today to get a free consultation with one of our drink driving lawyers. We’ll discuss your charge and your BAC level with you, as well as your situation, and then advise you plainly what you’re looking at and what we can do to help.
No pressure, no obligation. Just honest advice from a drink driving lawyer with experience dealing with drink driving cases in Brisbane courts every week. You can contact us by phone or by using the contact form on this page. If you’re calling outside business hours, leave us a message, and we’ll get back to you the next day.
Frequently Asked Questions
What should I do immediately after being caught drink driving in Brisbane?
You should remain calm and follow the instructions given by the police. Write down everything that you remember regarding the incident, including the time, location, the amount of alcohol you had consumed, and the way the test was conducted. Avoid posting the incident on social media. It’s also important that you consult a drink driving lawyer as soon as possible, preferably before the court hearing, in order to prepare adequately for the hearing.
Can I still drive to work if my licence is suspended?
No, unless you apply for and are granted a restricted work licence. Driving with a suspended licence is an offence of disqualified driving, and it has severe consequences, including possible imprisonment. If you need to drive for work, contact a lawyer at once about your eligibility for a work licence and how soon you must apply for one.
What is the alcohol interlock device program and when does it apply?
An alcohol interlock is a breathalyser connected to your car ignition system. You will be required to blow into this breathalyser before your car engine is started. The alcohol interlock program is mandatory in Queensland when someone is charged with a mid-range drink-driving offence, a high-range drink-driving offence, repeat offending, or other driving charges. The alcohol interlock must remain connected to your car ignition system for a specified period, usually 12 months if it is your first mid-range or high-range drink-driving offence. The offender is required to cover the costs of installation and monthly monitoring.
Do I need a lawyer if I plan to plead guilty?
Pleading guilty doesn’t mean that the outcome is certain. The magistrate has considerable discretion in relation to the penalty and the disqualification period, which includes the ability not to record a criminal conviction. The role of a lawyer in a guilty plea is to present your case in the most beneficial way possible. This involves ensuring that your mitigating factors are at the forefront and that the penalty is as low as possible. Outcomes are much harsher on self-represented defendants than on those with a lawyer.
How long does a drink driving disqualification stay on your record in Queensland?
The disqualification from your driver’s licence is related to the period set by the court, which can range from one month to two years or more, depending on the nature of the offence and the offender. The drink driving conviction stays on your criminal record unless the court makes a non-conviction order. On your traffic record, the drink driving conviction stays there permanently. When calculating repeat offending, Queensland takes five years from the date of the current offence.
What happens if I miss my court date?
If you miss your court date, a warrant for your arrest will almost certainly be issued. The matter may also be dealt with in your absence, and you will be given a harsher sentence than you would have received if you had attended court with your lawyer. If you cannot attend your court date, contact an experienced Brisbane drink driving lawyer immediately. In almost all circumstances, your lawyer will be able to attend court for you or obtain an adjournment before your matter must be dealt with.