Call us today. The severity of the penalty will depend on your breath or blood alcohol concentration at the time of your offence, your past traffic history, and any previous drink driving convictions. You will be issued with a probationary licence, which you must hold for at least 1 year. The Transport Operations (Road Use Management) Act 1995 governs the drink and drug driving offences, and outlines penalties and procedures. The penalty you receive will depend on your Blood Alcohol Concentration (BAC) and whether you have been convicted of a similar offence in the five years prior to offending. be sentenced to a term of imprisonment determined by the court. A minor offence is one where the alcohol level of the driver is less than 0.15%. If you want to find out more information on what constitutes a DUI offence then click here – DUI Offences in Queensland. The legal blood alcohol concentration limit in Australia is 0.05% for fully qualified drivers and while Australia's drink driving laws vary between states, the penalties imposed increases with the blood alcohol concentration (BAC) of the driver. Liability limited by a scheme approved under professional standards legislation. Where a person has been convicted on a 2nd Offence (of a similar nature) within the past 5 years then the current offence before the Court will be classed as a 2nd Offence. Penalties for drug driving Driving with a relevant drug present. When it comes to drink driving offences in Queensland one of the major determining factors relating to the seriousness of the offence and category of drink driving charge that the Police may lay is the level of Blood Alcohol Concentration (BAC) reading above the legal limit. Where an offender appears before the Court with 2 or more offence (of a similar nature) within the past 5 years, in other words if it is their 3rd Offence or worse then the law says that some form of imprisonment must be issued, mandatory sentence of imprisonment. Maximum Fine: $15,963.90. The penalties would depend on the attendant circumstances and traffic record of the offender, particularly if there are repeat drinking offenses. Should a person be found Guilty or decide to enter a plea of Guilty to Middle Range Drink Driving then Court is required by law to disqualify the offenders drivers licence for a period of 3 month to 12 months. High Range Drink Driving offences are considered so serious due to the fact that is means that an accused persons Blood Alcohol Reading (BAC) was 0.150 or higher. Queensland Traffic Offenders Program is an option available to persons who wish to plead guilty to a traffic offence, ranging from drink driving to disqualified driving to unsafe and or reckless driving. Drink Driving (DUI) penalties QLD A person can be charged in court for drink driving under the Transport Operation (Road Management) Act Queensland. Prior to reading the information below you should understand that an offence is categorised as a 1st Offence when there are no prior or subsequent offences off a similar nature that you have been convicted of within the 5 years prior to the current offence appearing before the Court. Throughout this page you will find a detailed summary of the penalties and sentences that are in place for each respective charges for DUI in Queensland. Middle Range Drink Driving attracts a maximum penalty of up to 6 months in prison and/or a monetary penalty equivalent to20 Penalty Units for a first offence in Queensland. When it comes to dealing with a second offence within the past 5 years for an offence of Middle Range Drink Driving then the same maximum penalties apply, that being 6 months in prison and/or a monetary penalty of 20 Penalty Units. If you’re caught drink driving, you will have to go to court. This means that the persons ability to safety operate a motor vehicle would be significantly impaired and as such pose serious and real dangers to other road users. Suspension Period: 9 - 12 months. It should be understood that serious Traffic and DUI Offences in Queensland are considered by the Parliament, the Court system and by the general Community to be very serious criminal offences. It is not uncommon however for repeat offender to be issued with a period of imprisonment if there prior traffic record shows the Court that they continue to disregard the law and continue to put people’s lives in danger. High Range Drink Driving QLD A drink driving offence is considered high range if the blood alcohol concentration (BAC) of the driver is 0.15 or higher. Terms of Service apply. If the driver’s BAC is over the pre-set level the engine will not start. Drug driving tests; Penalties for drug driving; Alcohol Know your limits. Please contact me via my contact form at vcita: traffic history, including whether you have been previously convicted of a drink driving offence. Such penalties can include a monetary penalty, recording of a criminal conviction, licence disqualification, good behaviour bond, community service order, intensive corrections order and even include a full time period of imprisonment. If a person has been charged with a 3rd offence within the past 5 years then substantially more severe penalties and sentences must be applied. Drivers who commit a lower-range drink-driving offence for the first time will have their licence suspended immediately, effective for three months. Your licence will be suspended for at least 24 hours from the time your BAC is confirmed as having exceeded the limit that applies to you. Brisbane Drink Driving Lawyers are Qld's expert DUI Solicitors who can assist you with any serious traffic law matter. However, when is comes to disqualifying a persons drivers licence when it is their 2 offence or subsequent with the past 5 years then the Courts of Queensland are required to issue a period of disqualification between 3 months to 18 months. Drinking alcohol reduces your ability to drive safely. The distinction is important in relation to what penalties and other consequences flow from a conviction. Driving with a relevant drug present is identified via saliva analysis. These include the no alcohol limit, the general alcohol limit (0.05 to 0.09), the middle alcohol limit (0.10 to 0.149), and the high alcohol limit (over 0.15). How satisfied are you with your experience today? Contact Form for Boorman Lawyers. The maximum penalties for first-time DUI drink driving offences in Queensland range from 3-9 months. A person who is convicted of Low or Mid Range Drink Driving faces Qld Drink Driving penalties including, if the holder of a zero blood alcohol licence, licence disqualification for a period of not less than 3 months and not more than 9 months. These drivers must also check their BAC by blowing into the ignition interlock. There are measures in place to ensure the interlock cannot be bypassed by having … However, depending on the case before the Court the Magistrate has the discretion to increase this period of disqualification up to any period of time, including an absolute lifelong ban. Drink driving is one of the major killers on Queensland roads. Privacy Policy and
Anderson Fredericks Turner is a leading criminal law firm practising across Queensland. An … have been charged with a low range drink driving offence (over 0.0 but under 0.10 BAC) while: an earlier drink driving charge is still pending, you were the holder of a section 79E order and your replacement licence is subject to an X4 condition, have been charged with a mid range or high range drink driving offence (0.10 BAC and over), fail to provide police with a specimen of breath or blood when requested. Drink driving - get the facts. For a 3rd offence then the same disqualification period applies as if it was a 2nd offence which is a period between 3 months to 18 months licence disqualification. Drink driving—work licences. Queensland has 4 alcohol limits. You may get: 6 months’ imprisonment; an unlimited fine If a person have been charged with a Low Range Drink Driving offence then Police must issue a notice of suspension for at least 24 hours following the commission of the offence. 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