Drink Driving

Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath

Queensland's and New South Wales\' traffic laws contain tough provisions in relation to driving, attempting to drive or being in charge of a motor vehicle whilst under the influence of a drugs or liquor. Being in charge of a motor vehicle may be as simple as sitting in it (while it is stationary and switched off) and having the keys.
If you are convicted of drink driving, the penalties will usually involve both a fine and the disqualification of your driver's licence. There is no discretion in Queensland, if you are convicted you must lose your licence for a period.

In New South Wales if you are charged with drink driving your licence is suspended immediately. Usually you will be sent to participate in the Traffic Offenders Program, which is a six week course, before your matter will be dealt with in the Court.

If you have previously been convicted within a five year period, your penalty will increase.
Repeat offenders may face a prison term.

COURT

Once charged you will be given a notice to appear before a Magistrate at the appropriate Magistrates Court. If you fail to appear, your licence will be suspended until you do appear and your matter is dealt with.

PENALTIES

The penalties likely to be imposed for an offence of drink driving depend in part on whether the offence is classified as a major or minor offence.

PREVIOUS DRINK DRIVING CONVICTIONS

In assessing the appropriate penalty for both major and minor offences, the Magistrate will have regard to previous convictions. Those with previous convictions for drink driving will receive heavier penalties and longer disqualification periods. If it is your third major drink driving offence within a five year period, an automatic jail sentence applies. You may be able to argue that any prison sentence be wholly suspended. Maximum penalties for these types of offences include up to 18 months imprisonment.

Seriousness of the Offence

Major Offences

There are three forms of major offences:

1. Where your blood alcohol content is in the high range (equal to or greater than 0.15%) ;
2. Where you are found driving under the influence of some other intoxicating substance, such as an illicit drug; and
3. Where you fail to provide a breath or blood specimen as lawfully required.
   A person may be deemed to be driving under the influence of liquor or another drug, even though a blood alcohol reading indicates otherwise, if they display certain observable signs of being under the influence.
   Penalties for major offences are likely to include fines ranging from about $1,000 up to $3,000 and involve a minimum licence disqualification period of 6 months. It is also possible for the Magistrate to order a period of imprisonment, although this would uncommon for first time offenders.

Minor Offences

Minor offences include all offences involving a blood alcohol content reading above the relevant limit but less than 0.15%. First offences generally attract licence disqualification periods from 1 month to 12 months, and fines can range anywhere from just a few hundred dollars up to $2,000. The Magistrate can still impose jail sentences, but such a penalty is generally reserved for repeat offenders.

Work Licence

If you are convicted of drink driving and therefore disqualified from driving, you may be eligible to make an application for a Restricted Licence, commonly called a "work licence". This must be done at the same time as you plead guilty to the offence.
If granted, a restricted licence will allow you to drive under strict conditions for work purposes only. There are certain criteria that must be met before applying to the Court for a Restricted Licence. Your Solicitor can advise you on the criteria and the steps that are required to make the application.

Legal Advice

It is highly recommended that you seek legal advice before you appear in Court on these matters. You may have a defence or there may be matters that will be taken into regard by the Magistrate by way of mitigation which may help in reducing the penalty that would
otherwise have been imposed.

At MARK TREHERNE & ASSOCIATES we will advise you of every step you need to take and will represent you in Court in both Queensland and New South Wales. Should you or someone you know need legal advice or representation contact us now.

^{This document contains general information only and should not be relied upon as specific legal advice. Readers should contact our office for detail information or advice. No responsibility for any loss and or damage caused to any person acting in reliance on this article shall be accepted by the Principal of this Office.}