An early morning incident at an airport car park resulted in a charge of high-range drink driving. The client cooperated with police, entered an early plea and received a seven-month license disqualification and a $750 fine. Importantly, the court exercised its discretion not to record a conviction.
Facts of the Matter
In August 2025, car park staff at a domestic airport saw a vehicle travelling the wrong way on an exit ramp. The client was stopped by staff, and police were called. Police required roadside breath testing, then transported the client to a nearby police station for breath analysis.
The analysis produced a breath alcohol concentration of 0.203 grams of alcohol in 210 litres of breath, above the high alcohol limit of 0.15. The client indicated having consumed several beers shortly before driving and stated an intention to travel overseas for work that morning. The client was charged and bailed to appear in the Magistrates’ Court.
Charges & Maximum Penalties
Police charged the client with driving under the influence of liquor under section 79(1)(a) of the Transport Operations (Road Use Management) Act 1995 (Queensland). This offence can be committed on a road or in other places such as car parks. For a first offence, the Court may impose up to nine months’ imprisonment or a fine of up to 28 penalty units ($4,673), and must disqualify the driver for at least six months. A restricted work license is not available to offenders at or above the high alcohol limit. The Court can also impose a sentence of imprisonment of up to nine (9) months.
Court Outcome
At the sentence hearing, the Court disqualified the client from holding or obtaining a Queensland driver license for seven months and imposed just a $750 fine. No conviction was recorded. The Court exercised its discretion to not record a conviction. It considered factors such as the nature of the offence, character, and the impact on the person’s wellbeing. No imprisonment was ordered. For a BAC of 0.203, the penalties being just above the minimum was likely a result of early legal advice, prompt engagement in counselling or education, character references, and an early plea of guilty.
Key Takeaways for Defendants
– High-range drink driving begins at 0.15 BAC, and car parks can still be captured by Queensland law.
– A first offence under section 79(1) carries mandatory license disqualification of at least six months, with possible fines or imprisonment.
– Immediate suspension provisions can apply once charged with high-range drink driving.
– A work license is not available if the BAC is 0.15 or above, or for under-the-influence offences.
– The court may, in appropriate cases, order that no conviction be recorded after weighing statutory factors.
– Early legal advice, prompt engagement in counselling or education, character references, and an early plea can assist in presenting strong mitigation.
Need Advice?
If you are facing a similar charge, seek advice from Fraser Lawyers’ Drink Driving Lawyers. For more insights, visit our Drink Driving articles, or contact Fraser Lawyers to arrange a consultation. Our team appears regularly in the Courts across South East Queensland. We can advise on strategy, eligibility issues and likely outcomes.
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