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.

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.