Drink Driving Offences

If you drive over the legal alcohol limit applicable to you, you may be charged with drink driving.

If you are charged, the penalty that you will face is dependent on a number of factors, including your Blood Alcohol Concentration (BAC). Your BAC will either be obtained through a breath test or blood test.

Your BAC will determine which drink driving offence you will be charged with. The categories for drink driving include:-

1. Over the no alcohol limit and under the general alcohol limit (if you are a probationary or provisional licence holder) – BAC reading 0.01 to 0.04.

2. Over the general alcohol limit but under the mid alcohol limit (low range) – BAC reading 0.05 to 0.09.

3. Over the mid alcohol limit but under the high alcohol limit (mid-range) – BAC reading 0.10 to 0.14.

4. Over the high alcohol limit – BAC reading 0.15 +.

What Court will hear my matter?

Drink driving charges are dealt with in the Magistrates Court.

What is the maximum penalty?

Penalties can range from a fine through to a period of imprisonment. The penalty to be imposed is dependent on your BAC and whether or not you have previously been convicted of similar offending, within the 5 years prior to offending.

Will my licence be disqualified?

Drink driving offences carry mandatory disqualification periods. Your disqualification period will commence immediately at the time you are convicted. The period of disqualification to be imposed is at the discretion of the Court.

Our experienced team of traffic lawyers can advocate on your behalf to achieve the lowest period of disqualification applicable to your matter.

Drug Driving Offences

If you drive with an illicit substance in your system, you may be charged with:-

1. Driving under the influence of a dangerous drug; or

2. Driving with a relevant drug in your system.

If the presence of a drug in your system adversely impacts your capacity to drive, you will be charged with the more serious offence of driving under the influence.

In order to detect if you are under the influence of a dangerous drug or if one is present in your system, you will be administrated a roadside saliva test. The roadside test will detect traces of the following:-

1. Methylamphetamine.

2. THC (component of cannabis).

3. MDMA.

If you are unable to comply with a direction to provide a specimen of saliva for analysis, the police may transport you to a hospital so that a blood sample may be obtained.

If you return a positive saliva test, you will be transported to the local police station for a second test. If the second test returns a positive result, you will be charged with drug driving. It is an offence to refuse to provide a sample of saliva for analysis – either at the roadside or at the station.

What Court will hear my matter?

Drug driving charges are dealt with in the Magistrates Court.

What is the maximum penalty?

Drug driving offences carry mandatory disqualification periods. The more serious offence of driving under the influence of drugs carries a maximum penalty of 9 months imprisonment. If you are convicted, your driver’s licence will also be disqualified for at least 6 months.

If you are charged with driving while a relevant drug is present in your blood or saliva, the maximum penalty you will face is 3 months imprisonment. Your driver’s licence will also be disqualified for a period ranging from 1 to 9 months.

Our experienced team of traffic lawyers can advocate on your behalf to achieve the lowest period of disqualification applicable to your matter.

Work Licences (Restricted Licence)

If you are convicted of a drink driving offence, you may be eligible to apply for a Restricted Licence (Work Licence). This licence will permit you to drive for purposes directly connected with your means or earning a living (your employment) for the duration of your licence disqualification. This can include travel to and from work. You may be eligible to apply for a Restricted Licence if you are charged with one of the following offences:-

1. Driving over the general alcohol limit.

2. Driving with a relevant drug present in your blood or saliva.

3. Failing to provide a roadside specimen of breath or saliva.

You will only be eligible to apply for a Restricted Licence if you meet certain criteria. An Application for a Restricted Licence must be filed prior to your Court date and must be dealt with immediately following your sentence for the offence. Your application will include an Affidavit (sworn statement) setting out your financial and work circumstances and an Affidavit of your employer confirming your employment conditions if you are not self-employed. In order to grant the licence, the Court must be satisfied that:-

1. You are a “fit and proper person” to hold the licence; and

2. You or your family would suffer serious financial hardship if the licence was not granted.

If you are granted a Restricted Licence you will be required to comply with the specific requirements of your licence. Your Restricted Licence will set out the days and times which you are permitted to drive. The licence will also specify the classes of licence you may drive. You will be required to and from work, via the most direct route. You may also be prohibited from carrying passengers. The Court may order that you wear your uniform while driving or that you keep a logbook of your travel.

If you fail to comply with the conditions of your Restricted Licence, the licence will be revoked. Further, you will be subject to a further disqualification period of 3 months

Driving without due care and attention

If you drive in a careless manner, you may be charged with driving without due care and attention. If a police officer believes that you were not paying enough attention to the road while driving, you may be charged.

What court will hear my matter?

Charges for driving without due care and attention are dealt with in the Magistrates Court.

What is the maximum penalty?

The maximum penalty for driving without due care and attention is 6 months imprisonment. Your licence may also be suspended, but this is not mandatory.

You will face a more serious penalty if one of the following circumstances of aggravation apply:-

1. You were unlicensed at the time of the offence; and

2. You caused serious injury or the death of another person.

Your licence will also be suspended for at least 6 months.

If you are charged with driving without due care and attention, you should seek legal advice immediately.

Dangerous Operation of a Motor Vehicle

If you drive a vehicle or interfere with it in a manner that is considered dangerous, you may be charged with dangerously operating a motor vehicle. Any behaviour that puts yourself, your passengers or other road users at risk, will be considered dangerous. Some examples include; driving on the wrong side of the road, failing to stop at a red light or driving at an excessive speed.

This offence is classed as a criminal offence and will appear on your criminal history, unlike other traffic offences.

Which court will hear my matter?

Charges for dangerously operating a motor vehicle are usually dealt with in the Magistrates Court. However, if a circumstance of aggravation applies, it may also be dealt with in the District Court.

What is the maximum penalty?

The maximum penalty is 3 years imprisonment. your licence will also be suspended for at least 6 months. If you are charged with one of the following circumstances of aggravation, the maximum penalty will increase:-

• The dangerous resulting results in bodily harm or the death of another;

• Excessively speeding or taking part in a race; or

• Being adversely affected by an intoxicating substance at the time of the offence.

Being charged with dangerously operating a motor vehicle can carry very serious penalties, including an actual period of imprisonment. If you are charged with this offence, you should seek legal advice immediately.

Fail to Stop Offences

If you fail to follow the direction of a police officer to stop your vehicle, you may be charged with this offence. You must stop your vehicle as soon as possible, after being directed to do so. This offence is also commonly called ‘evading police’.

What court will hear my matter?

Charges for failing to stop are dealt with in the Magistrates Court.

What is the maximum penalty?

A minimum and a maximum penalty apply for this offence. They are:-

1. Minimum penalty – a fine of 50 penalty units or 50 days imprisonment served wholly in a corrective facility; and

2. Maximum penalty – a fine of 200 penalty units or 3 years imprisonment served wholly in a corrective facility.

If you are unable to prove to the Court that you have capacity to pay the fine, you may be ordered to serve a period of imprisonment. This period cannot be suspended.

You will also be disqualified from holding or obtaining a driver’s licence for a period of two years.

Special Hardship Orders

If you commit a high range speed offence (driving more than 40km/h over the speed limit) or if you accumulate too many demerit points whilst on a good behaviour driving period, your licence will be suspended.

You may be eligible to apply for a Special Hardship Order which will allow you to drive for specified reasons during the suspension period. Most people rely on their licence to get to or from work, or during the course of their employment. Applying for a Special Hardship Order can ensure that you do not lose your employment, and in turn, your income.

Losing your licence can have a negative impact on you and your family and you should seek legal advice if you are going to lose your licence. There are certain instances, outside of your employment, where you may be eligible to apply for a Special Hardship Order. For example, if you are required to travel to and from medical appointments or collect your children from school.

Can I apply for a Special Hardship Order?

In order to be eligible for a Special Hardship Order, you must:-

1. Hold a current Queensland provisional or open driver licence;

2. Not have had your driver licence suspended, disqualified or cancelled within the last 5 year period;

3. Not have been convicted of dangerous driving within the last 5 year period.

If you meet the above criteria, you will be eligible to apply for a Special Hardship Order, however, it is a matter for the Magistrate as to whether the Order is granted. In order to grant the licence, the Court must be satisfied that:-

1. You are a ‘fit and proper person’ to hold a driver licence; and

2. You or your family would suffer serious financial hardship or usual hardship if a Special Hardship Order was not granted.

Your application will include an Affidavit (sworn statement) setting out your financial and work circumstances and an Affidavit of your employer confirming your employment conditions if you are not self-employed. If you are applying for a Special Hardship Order on the basis that you will suffer unusual hardship, you will need to file evidence confirming the same. For example, evidence confirming that you are required to attend medical appointments. After your Application and supporting, Affidavits are filed, you will be given a Hearing date.

If a Special Hardship Order is granted, the Order will specifically state the days and times that you are allowed to drive. The purpose for which you are permitted to drive will also be specified. The licence will also specify the classes of licence you may drive. You will be required to travel to and from work, via the most direct route. You may also be prohibited from carrying passengers. The Court may order that you wear your uniform while driving or that you keep a logbook of your travel.

If you fail to comply with the conditions of your Special Hardship Order, the licence will be revoked for the remainder of the suspension. Further, you will be subject to a further disqualification period of 3 months.