Low range drink driving charges QLD
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At Drink Driver Lawyer we specialise in all drink driving offences, we understand that being charged with low range drink driving can be a stressful and daunting experience. For most people charged with this offence, it’s a moment of misjudgement after a social event and we understand the consequences can feel harsh, especially if it’s your first time facing a criminal charge.
This post will explain what constitutes low range drink driving, the legal penalties involved, and what steps drivers can take if charged. Whether it’s your first offence or a repeat incident, understanding your rights and responsibilities is crucial.
If you have been charged with low range drink driving, feel free to call us on 07 3999 8661 for a free confidential consultation.
What constitutes low range drink driving in QLD?
Low range drink driving is one of the most common offences in Queensland, this offence occurs when a driver is found to have a blood alcohol concentration (BAC) between 0.05% and 0.099%. While it is less serious then mid range or high range drink driving, it is still an offence that carries consequences.
Importantly, you don’t need to be driving a motor vehicle to be charged with this offence, simply being ‘in charge’ is enough. For example, if you’re sitting in the driver’s seat with your keys or being near your vehicle with the ability to operate, it may be enough for police to charge you. The law recognises that people can pose a risk to public safety even when your vehicle isn’t moving.
Low range drink driving applies to all types of motor vehicles including:
Cars
Trucks
Motorcycles
Boats
Save your driving licence with a restricted work license
If you’ve been charged with drink driving in Queensland, you may still be able to keep your licence and continue driving for work, even after a disqualification. This is possible through a Restricted Work Licence, also known as a Section 87 application.
A restricted licence allows you to legally drive for work purposes only, helping you avoid losing your job or suffering serious financial hardship. While you’ll still be convicted and disqualified from holding a full licence, this court-approved exemption can mean the difference between keeping and losing your livelihood.
To qualify, you must:
- Have been charged with a low or mid-range drink driving offence (BAC under 0.15)
- Be able to prove that losing your licence would cause extreme hardship
- Be otherwise a fit and proper person to hold a licence
- Not had any suspensions, disqualification
- Not have been driving for work or on a work licence at the time of the offence
- Not have been on a zero-alcohol licence (e.g. learner or provisional licence)
- Hold a current Queensland open driver licence when applying
- Have no drink driving or similar offence in the last 5 years
- Have no dangerous driving conviction in Queensland in the last 5 years
- Have not had your licence disqualified, suspended, or cancelled in the last 5 years (Exceptions apply, e.g. SPER suspensions or 24-hour police suspensions)
At Drink Driver Lawyer, we help clients successfully apply for restricted work licences every day. We prepare the right documents, appear in court for you, and work hard to protect your ability to keep earning.
Call us now on 07 3999 8661 for a free, confidential consultation and find out if you’re eligible.
Possible defences for low range drink driving charges in QLD
In Queensland, courts are typically cautious when it comes to accepting defences for drink driving offences, especially those involving high range readings. This is largely because if defences were freely accepted, nearly every person charged would attempt to use one. For this reason, most drink driving matters are settled without proceeding to trial. Often, the practical approach is to engage a traffic lawyer who can negotiate with the prosecution, aiming to either reduce the charges or have them dismissed where possible.
While there are only a few defences legally available in drink driving cases, they are quite restricted and only relevant to specific scenarios. As mentioned earlier, these defences don’t apply broadly and must meet very particular criteria. If you’re thinking about contesting a drink driving charge, we strongly recommend obtaining legal advice, contact us on 07 3999 8661 to arrange a free consultation.
Below are some defences that may apply in drink driving cases:
Not ‘in charge’ of the vehicle
If you didn’t have the ability to control or operate the vehicle at the time of the alleged offence — for example, if you were lying in the backseat or didn’t have access to your keys — it could be argued that you weren’t technically ‘in charge’ of the vehicle.
Extraordinary emergency
This defence is only accepted in rare and extreme cases. It may apply if you were responding to a sudden and serious emergency, where a reasonable person in your position would have also driven over the limit to avoid greater harm. The circumstances must be genuinely exceptional for this defence to succeed.
Involuntary intoxication
You might be able to claim this defence if your high BAC resulted from being unknowingly drugged or having your drinks spiked. However, this is very difficult to prove and usually requires strong supporting evidence, such as CCTV footage and witness accounts.
Three hour limit
Queensland law requires police to perform a breath or blood test within three hours of the alleged drink driving incident. If testing is done outside that window, the results may be inadmissible in court. This defence is highly technical and depends on precise timelines and the prosecution’s evidence.
What are the different penalties for low range drink driving in QLD?
If your BAC is between 0.05% and 0.099% you will face several legal penalties, even if it’s your first offence. Once charged, your driver’s licence will be suspended for a period of 24 hours.
Below, we’ll break down the different types of penalties that can apply for low range drink driving. However, in most cases, the outcome will include fines, disqualification periods and imprisonment for repeat offenders.
Low range drink driving (first offence)
For a first time low range drink driving offence in the last five years, you will generally receive a fine and a mandatory licence disqualification period prescribed by law.
What is the maximum penalty you can get for low range drink driving (first offence) in QLD?
The maximum penalty for low range drink driving is a fine up to $2258 or imprisonment up to three months.
There is also a mandatory minimum disqualification period ranging from 1 to 9 months. The exact disqualification period is determined by the Magistrate’s discretion, based on the circumstances of the case.
Low range drink driving – second and subsequent offences
If you’re charged with a second or subsequent low range drink driving offences within 5 years, the disqualification periods increase, and you will generally face a higher fine than your first offence.
The maximum penalty for low range drink driving is a fine up to $2258 or imprisonment up to three months.
Offence | Prior Convictions (within 5 years) | Disqualification Period |
---|---|---|
1st offence | None | 1 to 9 months |
2nd offence | 1 prior | 3 to 18 months |
3rd or more | 2 or more | 6 months minimu |
What are the key considerations taken before deciding on a penalty?
When the Magistrate decides on a penalty for a drink driving offence, they will generally weigh up several important factors in determining an appropriate sentence. They will generally focus on these factors:
The BAC reading and whether it is on the higher or lower end of the scale
Traffic history
Criminal history
Whether a relevant drug was present
If there was a real or potential danger to the public, based on the circumstances of the case
As a starting point, the higher your BAC reading the more at risk your driving can pose to public safety. However, the Magistrate must weigh up the factors if there was a real or potential danger to the public, these factors help the court determine the appropriate penalty that is fair and proportionate to the offence committed.
Why choose Drink Driver Lawyer to defend your low range drink driving charges in QLD?
At Drink Driver Lawyers we specialise in all types of drink driving offences, from low range charges to high range charges. We are committed to representing every client with dedication, no matter the severity, and achieving the best possible outcome. We also offer all our clients the following services:
Expert representation
Fixed fees
Collaborative law firm
Experienced lawyers specialising in traffic offences
Free consultation
Our legal strategy for low range drink driving charges in QLD
Our legal strategy is to ensure you understand the charges against you, understand your side of the story, review your case and ultimately representing your matter in court, achieving the best possible outcome.
Initial consultation
In the free initial consultation, we listen to your side of the story and provide you with legal options moving forward.
Case assessment
After onboarding, we will request the QP9 (alleged facts) to assess the evidence against you and begin preparing your defence strategy.
Developing a defence strategy
After our lawyers have reviewed your case, they will develop a defence strategy that reflects both your individual circumstances and the instruction you provide.
Court representation
We will be by your side in court, protecting your rights and advocating for the best possible outcome.
Low range drink driving charges in QLD FAQs
What should I do after being charged with low range drink driving in QLD?
You should seek legal advice immediately if you’re charged with a low range drink driving offence. An experienced traffic lawyers will advise you on your rights and the process moving forward.
Can you go to jail for low range drink driving in QLD?
Imprisonment for a first time low range drink driving offence is rare. In most cases, the court will generally impose a fine and a disqualification period rather than a sentence of imprisonment. The courts objective is to rehabilitate offenders rather than impose a sentence of imprisonment.
Can I apply for a work license after low range drink driving in QLD?
Yes, however you must not have any prior suspensions or disqualifications in the last 5 years.
How long will a low range drink driving offence stay on my record?
A low range drink driving offence stays on your traffic history permanently, your traffic history includes traffic offences such as running a red light or speeding. If a conviction is recorded, it may appear on your criminal record but may become spent after 10 years with no further offences. Contacting one of our lawyers can help you prepare a strong case to request no conviction to be recorded.