Driving Offences
Been caught or under investigation?
Have you been charged with a driving offence in QLD? We can advise and represent you on all aspects of traffic offending in QLD, including Drink Driving, Drug Driving, Disqualified Driving, Dangerous Driving, Careless Driving, Unlawful Use of Motor Vehicle, Work License Applications, Special Hardship Applications, Evading Police, Speeding, Hooning and Racing.
If you are being investigated or have been charged for a traffic offence, it is critical to seek legal advice as not only is your license at risk, but your liberty may be too. You may also be at risk of incurring a conviction on your traffic history.
If you are at risk of losing your license, you may be eligible for a Restricted License or a Special Hardship License.
If you want to discuss your traffic matter, contact our experienced traffic lawyers today to receive a free case assessment.
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We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.
Penalties for drink driving offences (QLD)
If you’re caught drink driving, you will have to go to Court.
A Magistrate will decide the length of your licence disqualification and whether you will be fined or sentenced to a term of imprisonment.
The severity of the penalty will depend on your:
- blood/breath alcohol concentration (BAC) at the time of the offence
- traffic history, including whether you have been previously convicted of a drink driving offence.
24-hour Suspension
A 24-hour licence suspension will apply where your BAC is less than 0.10. 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.
Immediate suspension
Your licence will be immediately suspended if you:
- 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 or;
- 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
- have been charged with dangerous operation of a motor vehicle while under the influence.
The immediate suspension will end when the drink driving charge has been dealt with by the court, is withdrawn or discontinued.
Penalties for repeat drink driving offences
If you are charged with a repeat drink driving offence, you may:
- have your car impounded (if you have a BAC 0.15 and over or fail to provide a specimen of breath or blood)
- have your licence disqualified for up to 2 years
- be fined up to $8,625 or;
- be sentenced to a term of imprisonment determined by the Court.
Getting your licence after your disqualification
When your disqualification ends you can apply to have your driver licence reissued. You will be issued with a probationary licence, which you must hold for at least 1 year. You may also need to complete a short online drink driving course or the repeat drink driving course. You may also be subject to the alcohol ignition interlock requirement once your disqualification ends.
If you have been charged with a drink driving offence, contact us today to set up your free non-obligation consultation with one of our experienced lawyers.
If you are disqualified for drink driving, you must not operate any vehicle within the disqualification period that the Court sets. If you do not comply and are caught operating a vehicle during the disqualification period, the length of your disqualification will be extended by 2-5 years. You also face a possible maximum fine of 60 penalty units.
After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your licence. You cannot simply start driving after your disqualification period has ended.
After you have been disqualified for a drink driving offence you will be on a probationary licence for one year, this means that;
- You have only 4 demerit points available
- You have a zero alcohol limit for 1 year
You do not have to re-sit any tests to get your licence back if you were licenced at the time of the offence however you will be required to complete an education intervention program before you can reapply for your driver’s licence.
Alcohol Interlock
If you have been convicted of a mid range or high range drink driving offence, you will need to apply for your licence with an interlock condition at a transport and motoring customer service centre.
You will need to:
- bring your evidence of identity
- if needed, bring a medical certificate stating you are fit to drive from your doctor
- pay the interlock condition fee plus the licence fee.
You will be issued with a receipt for a probationary licence with code 'I'. This will be your licence until you receive your physical card in the mail.
Your interlock must be installed before you drive.
After you get your licence, you will need to have an interlock installed in the vehicle you want to drive.
You will need to find an approved interlock provider and make an appointment to get your interlock installed. You will need to pay all installation costs. You can have an interlock on more than one vehicle if needed.
Performance-based interlock program providers
Affordable Interlock Systems (as Approved Party for Alcolock AU Pty Ltd)
Phone: 1800 252 656
Email: enquiries@affordableinterlocks.com.au
Draeger Australia Pty Ltd
Phone: 1300 780 689
Email: interlock.australia@draeger.com
SmartStart Australia (Trading name for Ajen Monitoring Systems)
Phone: 1300 256 900
Email info@smartstartinterlocks.com.au
The Prosecution must prove that the defendant:
- Operated, or in any way interfered with the operation of, a motor vehicle
- In a place.
- Dangerously.
- [The defendant was adversely affected by an intoxicating substance].
- [At the time of committing the offence the defendant was excessively speeding or taking part in an unlawful race or unlawful speed trial].
- The term "operates a motor vehicle dangerously" means "operates a vehicle at a speed or in a way that is dangerous to the public having regard to all the circumstances" including:
- “the nature, condition and use of the place; and
- the nature and condition of the vehicle; and
- the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and
- the concentration of alcohol in the operator’s blood; and
- the presence of any other substance in the operator’s body.”
A person who operates, or in any way interferes with the operation of a vehicle dangerously in any place commits a misdemeanour for which the maximum penalty is 200 penalty points or 3 years imprisonment.
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I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.
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