Have you been charged with a drink driving offence (DUI)? The information below outlines penalties:
Drink Driving
| Blood / Breath Alcohol Concentration (BAC) Reading | Licence Disqualification | Maximum Fine Amount | Maximum Term of Imprisonment |
|---|---|---|---|
| Over 0.00, but under 0.05 This applies to learner, probationary or provisional licences. Drivers of certain vehicles must also maintain a 0.00 BAC | 3 to 9 Months | $1,706 | 3 Months |
| Over 0.05 but under 0.10 (Low Range Drink Driving) | 1 to 9 Months | $1,706 | 3 Months |
| Over 0.10, but under 0.15 (Mid Range Drink Driving) | 3 to 9 Months | $2,438 | 6 Months |
| 0.15 and over (High Range Drink Driving) | Minimum 6 Months | $3,413 | 9 Months |
Penalty for second drink driving offence or repeat offenders:
Offenders who are charged with their second drink driving offence, or repeat offenders face higher penalties than those charged with their first drink driving charge. Repeat offenders face a maximum fine up to $7,314 and a licence disqualification up to two (2) years.
Repeat offenders may also be sentenced to a term of imprisonment determined by the Court.
If you are convicted of three major offences within a five (5) year period, then your drink driving penalty must include jail. The Court has no choice in sentencing you to a term of imprisonment.
Immediate Suspension of a drivers licence:
In certain circumstances, your licence can be immediately suspended. Your licence will be immediately suspended if you:
- have been charged with a drink driving offence while:
- An earlier drink driving charge is still pending; or
- You are the holder of a restricted, or replacement licence such as a licence granted under 79E of the Transport Operations (Road Use Management) Act 1995.
- have been charged with a mid range drink driving offence or a high range drink driving offence.
- refuse or fail to provide Police with a specimen of breath upon request.
- have been charged with dangerous operation of a motor vehicle while under the influence of an intoxicating substance.
Q: How long will my immediate suspension last?
A; An immediate suspension will continue to remain in effect until your drink driving charge has been dealt with by the Court or until it is withdrawn or discontinued.
Q: I have received an Immediate Suspension but I need to get to work. Can I get a work licence on an immediate suspension?
A: You may be eligible to apply for a licence under Section 79E of the Transport Operations (Road Use Management) Act 1995 to allow you to continue working and drive until your drink driving charge has been finalised by the Court. If you need to drive on your immediate suspension please call our team to discuss this with one of our drink driving lawyers.
Random Breath Tests:
If you are stopped by a Police Officer and they think you may be under the influence of alcohol or drugs, they can require that you:
- Provide your name and address;
- Show your driver’s licence;
- Take a breath test; or
- Get a doctor to take blood from you for a blood test to determine your BAC.
If stopped by a Police Officer, it is an offence if you:
- Refuse to give your name and address;
- Refuse or fail to take a breath test; and
- Refuse to allow a blood test.
Q: Can I request a blood test if I fail a roadside breath test.
A: Although the Police can require you to take a blood test, you have no right to insist on a blood test being done.
Going to Court for Drink Driving:
If you are convicted of a drink driving offence, you will be disqualified from holding or obtaining a driver’s licence for at lease one (1) month. If you are convicted of failing or refusing to provide a specimen of breath, you will be disqualified from holding or obtaining a driver’s licence for at lease one (1) month.
The higher your BAC reading, the longer your licence will be disqualified.
If you are convicted of a drink driving offence, you should hand your drivers licence to the Police Prosecutor as it is an offence to keep a cancelled or disqualified licence.
Low Range Drink Driving Penalties
You will be charged with low range drink driving if you are found to have a Blood Alcohol Concentration (BAC) of between 0.05% and 0.10% while you are in control of a vehicle.
If you are found guilty and it is your first offence, low range DUI penalties can include:
- If you are found guilty and it is your first offence, low range DUI penalties can include:
- a fine of up to $1,706;* and
- a term of imprisonment for up to three months.
Committing a second low range DUI offence within five years can result in a higher penalty. If you are found guilty of a second offence within a 5 year period, the Magistrate may sentence you to the following penalties:
- the loss of your licence for a further period of up to two years;
- a six month prison sentence; and
- a fine of up to $2,438.*
Further offences within a 5 year period can lead to even more severe penalties, including:
- a further period of two years licence disqualification;
- up to nine months imprisonment;
- a fine of up to $3,413;* and
- as with all drink driving offences, you face the potential of having an alcohol ignition interlock fitted to your vehicle for 12 months.
Mid Range Drink Driving Penalties
A mid range QLD DUI penalty will be applied when a person is found to be in charge of a vehicle with a BAC of between 0.1% and 0.15%.
The mid range DUI penalties may include:
- a prison sentence of up to six months;
- a fine of up to $2,438;* and
- a licence disqualification period of between three and twelve months.
If you are convicted of a second DUI offence within a five year period and your blood alcohol content is in the mid range, a combination of the following penalties may be ordered as the overarching mid range drink driving penalty:
- a term of imprisonment of up to nine months;
- he mandatory loss of your licence for a minimum period of three months, which could be up to eighteen months depending on a range of factors; and
- a fine amounting to up to $3,413.*
High Range Drink Driving Penalties
Obviously, high range drink driving is the most serious of all DUI violations and, accordingly, a high range drink driving penalty is the most severe.
Drivers found to have a BAC in excess of 0.15%, or those who have refused to give a blood alcohol sample, high range DUI penalties can include the following:
- a nine month prison sentence;
- a fine of up to $3,413;* and
- a minimum six month licence disqualification.
Significantly, a second high range DUI offence within a five year period can result in even higher penalties, including:
- a term of imprisonment of up to 18 months;
- a fine of up to $7,314;*
- an order that your car be impounded; and
- a licence disqualification for a minimum period of twelve months.
Any further high range DUI offence within a five year period, under QLD law, will mean a compulsory driving licence disqualification for a minimum period of two years, which could be for up to a lifetime and a term of imprisonment.
If you need a Lawyer on the Gold Coast, Brisbane or in Northern New South Wales give Fraser Lawyers a call on 07 5554 6116 for free legal advice. Initial telephone advice is free.
