When it comes to drink driving offences, especially high range, Queensland courts are generally reluctant to accept defences as everyone charged would try to use one. As such, most drink driving offences are resolved without a trial. In most cases, its more practical to engage a traffic lawyer and negotiate with prosecution to downgrade the charges or dismiss them if possible.

There are a limited number of defences available for drink driving offences, however as explained, these defences are limited and may only apply in certain situations. We recommend seeking legal advice if you’re considering to contest your drink driving charges, call us on 07 3999 8661 for a free consultation.

Here are some possible defences that can apply for drink driving offences:

• 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 defence applies if you were responding to an unexpected and serious emergency. The emergency must be so urgent a reasonable person in the same circumstances would have driven over the limit to prevent serious harm. This defence is rarely accepted and usually applies when the circumstances are truly exceptional.

• Involuntary intoxication: A defence of involuntary intoxication may apply if you were unknowingly drugged or had your drinks spiked, leading to the high BAC. This is significantly hard to prove and requires strong evidence, this can include CCTV footage and 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.

High range drink driving is the most serious drink driving offence you can be charged with in Queensland. This charge carries significant penalties including fines, mandatory disqualification periods and possible imprisonment for repeat offenders. Additionally, if found guilty, you will not be able to apply for a restricted work licence.

What is the maximum penalty you can get for drink driving under the influence in QLD?

The maximum penalty for this offence is a fine up to $4500 or imprisonment up to 9 months. The fine amount and imprisonment time can increase if there are previous drink driving convictions within the last five years.

Additionally, there is a mandatory minimum licence disqualification period of 6 months. This means the court will disqualify you from driving for a minimum period of 6 months, they have the discretion to make the disqualification period longer, however this is usually due to repeat offending or aggravating circumstances.

What are legitimate defence strategies for drink driving under the influence in QLD?

As mentioned above, there are several defences available, however these are limited and are generally difficult to prove. Here is a quick list on available defences:

• Not ‘in charge’ of the vehicle

• Extraordinary emergency

• Involuntary intoxication

• Three hour limit

Before a magistrate hands down a penalty for high range drink driving, there are many factors the court considers that can influence the penalty, these include:

• Traffic history: A clean or limited driving history can help reduce your penalty, while prior offences (especially drink driving) may lead to harsher consequences.

• Character references: Letters from employers, community members, or family can show you’re a responsible person who understands the seriousness of the offence.

• Gaps between prior offences: If you’ve had a long period without any traffic offences, it may support your case that the incident was out of character.

• Rehabilitation efforts: Completing a traffic offender program or alcohol education course before court can show genuine remorse and a commitment to change.

• Other mitigating circumstances: These can include personal hardship, health issues, or the impact of losing your licence on your job or family. A lawyer can help identify and present these to the court effectively.

Engaging an experienced traffic lawyer can help you navigate the legal process, present your case effectively before a Magistrate, and work towards reducing the penalties you may face. Call us on 07 3999 8661 for a free confidential consultation.