What You Need to Know

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Drink Driver Lawyer​

For most people, getting charged with a drink driving offence is a humiliating and extremely stressful time. Drink driving offences always result in a period of disqualification and hefty fine. In more serious cases or repeat offender cases, there may also be a jail sentence added to the penalty.

To reduce the likelihood of receiving a severe drink driving ruling, it is essential that you seek legal advice as soon as possible. Those who have drink driving convictions against their name can be faced with ongoing long-term impacts such as trouble gaining work or travelling overseas.

If you need your licence for work or family responsibilities, an experienced traffic lawyer can help you apply for a Work Licence or a Special Hardship Order, if granted, this will allow you to travel to and from work or under specific circumstances while otherwise disqualified.

The traffic laws here in Qld are in depth and complex. Our firm consists of highly skilled traffic lawyers and will provide you with expert advice regarding your case and what steps you should take given the circumstances of your charge. We are across all areas of Queensland’s traffic laws and procedures and will endeavour to get you the absolute best outcome possible.

Our lawyers have more than 24 years’ experience helping Queenslanders stay on the road. For many, having a drivers licence is vital to maintaining work and completing everyday activities. Don’t risk losing it, or even worse, face a jail sentence because you did not have the right legal representation in your corner.

We understand that each drink driving case is unique and has varied levels of severity. We include you in the entire process and explain your rights, responsibilities and what you can expect from court proceedings. Speak to one of our experienced traffic lawyers today to discuss your options.

What You Need To Know About Drink Driving

If you get pulled over by the police and they suspect you may under the influence of alcohol, by law you must comply with requests such as:

  1. Producing your driver’s licence if asked
  2. Stating your full name and address
  3. Taking a roadside alcohol breath test
  4. Transporting you to a hospital to get a blood sample to confirm blood alcohol level

It is an offence to:

  1. Refuse to give the police your full name and address
  2. Refuse a roadside alcohol breath test/specimen
  3. Refuse a blood sample to test alcohol levels

How would it impact your life?

Most of us rely on having a licence to get to work and complete everyday tasks. Not being able to drive for an extended period of time can be a huge inconvenience as well as isolating. You should ask yourself: 

  1. How would you get yourself or other family members to necessary appointments?
  2. How would you do your grocery shopping?
  3. How would you get yourself and/or children to sporting events, the gym, extracurricular activities?
  4. How would you get to work?
  5. How would you see family and friends?
 
For those with families, it’s not only your life that your drink driving charge impacts, this is why you need to seek legal advice. 

Penalties for Drink Driving

The seriousness of your charge is dependent on a few factors, one of them being what your alcohol level is. In Queensland, they include:

  1. No alcohol range (0.00% or above)
  2. General alcohol range (0.05% or above)
  3. Middle alcohol range (0.10% or above)
  4. High alcohol range (0.15% or above)

The Queensland courts have a low tolerance for those charged with drink driving offences. Those who have been caught driving over the legal alcohol limit will lose their licence. The length of time that they lose their licence for varies depending on many things. If the driver hasn’t been convicted prior to this, they will generally be issued a fine along with having their licence disqualified.

If the person has previously been charged with a drink driving offence, the punishment is usually harsher and can include prison time depending on the seriousness. It is law in Queensland that if a person has been charged with drink driving with a reading of 0.15 or over, 3 times within a 5-year period, they must serve part of their punishment as jail time.

Factors that can influence how long you lose your licence for and how big your fine is:

  1. If you willingly cooperated with the police.
  2. The alcohol level that was found in your breath/blood at the time of the offence.
  3. If you have any previous drink driving or traffic charges.
  4. If you participated in a police interview.
  5. What type of licence you held at the time.
  6. Factual information as to why you were driving and how you were driving.
  7. If anyone was injured as a result of your driving.
  8. If you were committing additional offences at the same time such as driving unregistered or unlicensed.
  9. If you defend your charge at trail or plead guilty from the start.

Having an experienced traffic lawyer represent you will put you in the best position to get an ideal outcome for your case.

How Drink Driver Lawyer Can Help You

Our team of expert traffic lawyers specialise in drink driving cases and have helped thousands of Queenslanders keep their licence for work and hardship situations. Our firm can offer helpful advice regarding your case and can help with:

  1. Minimising your driving disqualification period and the cost of your fine.
  2. Applying for a restricted work licence if you need your licence for employment purposes.
  3. Gaining a special hardship order if you depend on your licence for family commitments.

If I know I am Guilty, Why Do I Need A Drink Driving Lawyer?

A lawyer that specialises in traffic offences is across the latest laws and legislations and knows exactly how to defend your case to ensure you receive a lighter sentence/fine. Choosing to represent yourself in court can result in:

  1. A lengthier licence disqualification.
  2. A higher fine amount.
  3. Failing to relay important information to the Magistrate that is relevant to your defence.
  4. Being denied a work licence or special hardship order.
  5. A prison sentence.

Benefits of a Drink Driver Lawyer

Drink driving lawyers are highly experienced in this area of the law and can help to:

  1. Offer advice on the predicted penalty you are likely facing based on your situation.
  2. Prepare you for court.
  3. Minimise your disqualification time.
  4. Reduce the penalty amount.
  5. Obtain a work licence for you.
  6. Advocate for you and make submissions on your behalf in court.
  7. Get the best result for your case using skill and knowledge gained in this area of the law.

Possible Defences for a Drink Driving Charge

Many wonder if it is possible to defend their drink driving charge and whilst it is, only a minority of cases have an adequate defence. Here are some scenarios that would warrant a valid defence in court:

  1. You did not attempt to drive the vehicle.
  2. Not “in control” of the vehicle at the time of offence.
  3. Extreme emergency situation.
  4. Involuntary intoxication.
  5. Mistaken identity.
  6. Duress