Drink driving

Drink Driving Lawyers Gold Coast.

Drink driving charges move quickly. So should the advice.

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A drink driving charge is rarely just about the fine.

It can affect your licence, your work, your insurance, your criminal history, and, in some cases, your ability to keep doing the ordinary things that life requires: driving to work, collecting children, getting to appointments, running a business, or simply getting home without needing a small transport committee.

At Fraser Lawyers, we act for people charged with drink driving, drug driving and related traffic offences in the Queensland Magistrates Courts.

We give clear advice early. We tell you where you stand. We identify whether there is anything worth contesting, whether a work licence may be available, what disqualification range applies, and what can be done to put your best material before the Court.

Scope of work

What we help with

Fraser Lawyers assists with drink driving and related traffic matters, including:

Matter: What it usually involves
Low range drink driving: Readings generally from 0.05 to under 0.10
Mid range drink driving: Readings generally from 0.10 to under 0.15
High range drink driving: Readings of 0.15 and above
UIL: Driving under the influence of liquor or a drug
Drug driving: Driving with a relevant drug present, or while impaired
Refusing a breath or saliva test: Separate offences with serious consequences
Work licence applications: Restricted licence applications for eligible drivers
Special hardship orders: Applications arising from certain licence suspensions
Repeat traffic offending: Matters where history may affect penalty
Court representation: Pleas, submissions, adjournments and sentence preparation

The category matters. The reading matters. Your history matters. The circumstances of the driving matter.

A person who made one poor decision after dinner is not in the same position as a repeat offender driving dangerously on a busy road. The Court understands that distinction. Your lawyer should too.

Process

What happens after you are charged.

Most drink driving matters follow a familiar path.

You are charged or given paperwork requiring you to attend Court. You may receive a Notice to Appear, a complaint and summons, or other police documents. You may also have an immediate licence suspension depending on the charge and your history.

From that point, the important questions are usually these:

What exactly have you been charged with?
What is the alleged reading or drug result?
Is the charge legally and factually sound?
Are you eligible for a work licence?
What is the likely disqualification range?
What should be put before the Court?
Should you plead guilty, seek an adjournment, or obtain further material first?

The mistake many people make is assuming the Court appearance is a formality. Sometimes it is straightforward. Often it is not. Even in a simple matter, preparation can make a practical difference to the penalty, the licence outcome, and whether a conviction is recorded.

Pathway

Work licence applications.

For many clients, the first question is not “Will I be fined?” It is this: Can I keep driving for work?

A restricted work licence may be available in limited circumstances after certain drink driving charges. It is not available for every offence. It is not automatic. It requires evidence, usually by affidavit, and the Court must be persuaded that the statutory requirements are met.

We assess work licence eligibility early because timing matters. If a work licence application is available, we help prepare the material properly. That usually includes:

reviewing the charge and traffic history
identifying whether the offence is within the permitted category
obtaining instructions about employment and financial consequences
preparing affidavit material
advising on supporting evidence from an employer or business records
appearing in Court and making submissions

A work licence application should not read like a plea for convenience. The Court needs evidence. “It will be hard without a licence” is not enough. It is hard for almost everyone. The question is whether the statutory test can be met.

Procedure

Should you plead guilty by mail?

Sometimes people ask whether they can deal with the matter by mail and avoid going to Court.

The honest answer is: sometimes, but be careful.

For lower-level matters, that may be possible. But if there is any issue about disqualification, work licence eligibility, prior history, the recording of a conviction, or the way the facts are put, appearing in Court with representation may be the better course.

A guilty plea by mail may feel efficient until it produces an outcome that could have been better managed. Before you decide, get advice on the charge, the likely range, and whether anything should be corrected or explained.

Time matters

Deadlines and risks.

In most drink driving matters, the Court is concerned with penalty and public safety. The Court may consider:

the alcohol reading or drug allegation
the type of licence held
whether there was a crash or poor driving
whether anyone was placed at risk
your traffic history
your criminal history, if relevant
your need for a licence
your cooperation with police
your personal circumstances
your prospects of rehabilitation
whether a conviction should be recorded

The Court is not there to congratulate good people for having otherwise good lives. But nor is it blind to context.

The task is to present the relevant material clearly, respectfully, and persuasively, without overplaying it. Magistrates hear these cases every week. They know the difference between genuine mitigation and theatre.

What we do

How Fraser Lawyers acts in these matters.

We do not make extravagant promises about results. No competent lawyer should.

What we do is simpler and more useful.

We identify the charge. We explain the likely consequences. We check whether there is anything to challenge. We assess work licence or special hardship options. We prepare the material properly. We appear in Court and make the submissions that should be made.

The aim is not to turn a traffic matter into a legal opera.

The aim is to protect your position, reduce avoidable damage, and make sure the Court has the material it needs to deal with you fairly.

Practical

Documents to bring.

Notice to Appear, complaint and summons, or police paperwork
Any immediate suspension notice
Traffic history If you have it
Criminal history If provided
QP9 or police facts If already received
Details of your employment
Details of why you need a licence
Any prior drink driving or drug driving matters
Your court date
Any bail or licence conditions

Pathway

The likely path.

Step 1 — Initial call

You call or send a short enquiry. We confirm the court date, the charge, the reading, and whether the matter is urgent.

Step 2 — Document review

We review the police paperwork and identify the key issues: plea, disqualification, work licence, conviction, and penalty.

Step 3 — Advice

We explain the realistic options. You receive practical advice, not a lecture in statutory cartography.

Step 4 — Preparation

We prepare the plea material, affidavit material if needed, and any supporting documents.

Step 5 — Court appearance

We appear with you, or for you where appropriate, and make submissions to the Court.

Step 6 — After Court

We explain the order, the disqualification period, any licence steps, and what happens next.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

Will I lose my licence?

For most drink driving offences, licence disqualification is mandatory on conviction. The minimum and maximum periods depend on the reading, the charge, and any prior history.

The important question is not only whether you will lose your licence. It is for how long, whether any restricted licence option is available, and what can be done to put your best position to the Court.

Can I get a work licence?

Possibly, but only if you meet the eligibility requirements. A work licence is generally available only for certain offences and only where the Court is satisfied about the statutory criteria. You will usually need affidavit evidence and supporting material.

We assess eligibility at the start. There is no point preparing a work licence application if the legislation does not permit one.

Will I get a criminal record?

A drink driving offence is dealt with in the criminal jurisdiction of the Magistrates Court. Whether a conviction is recorded is a separate question.

In some cases, the Court may impose a penalty without recording a conviction. That depends on the legislation, the facts, your history, your circumstances, and the submissions made.

Can I go to jail?

For ordinary first-time drink driving matters, imprisonment is usually not the practical issue. But for high-range, repeat, serious, or aggravated matters, the risk becomes more serious.

The answer depends on the reading, the driving, the prior history, and whether there were aggravating features.

What if I refused a breath test?

Refusing a breath, saliva or blood test can be treated very seriously. It is not simply a way of avoiding a reading. In many cases, refusal creates its own problem, often worse than the problem the person thought they were avoiding.

You should get advice before going to Court.

Do I need a lawyer?

You are entitled to represent yourself. The better question is whether you should.

If your licence, employment, business, criminal history, or future travel may be affected, legal representation is usually sensible. Court is not designed to be impossible for self-represented people, but it is designed for rules, evidence, procedure and consequences. Those are not details. They are the machinery.

Talk to Fraser Lawyers about your drink driving matter.

If you have been charged with drink driving, drug driving, UIL, refusing a test, or another traffic offence, get advice before your Court date. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217, with on-site parking. We act for clients across the Gold Coast and Queensland.