33 Queen Street, Brisbane · CRIMINAL & FAMILY LAW · (07) 3709 7610

Drink Driving DUI Traffic Offence

If you have been charged with a traffic offence concerning drink driving or driving under the influence, then we recommend speaking to one of our traffic lawyers. Our lawyers are able to travel to any courthouse (locations) across Queensland and advocate on your behalf.

In relation to a drink driving matter, you may need to make some early decisions about how your matter is going to proceed. If you have recently been charged with a drink driving offence, you may wish to apply for a temporary work licence until your matter is resolved. If you do not require a licence for work, you may wish to consider and instruct your lawyer to proceed to a sentence as soon as possible to start the period of disqualification.

A person who has driven under the influence may be liable to a period of disqualification of their licence, as well as a significant monetary fine. In some circumstances whether there are aggravating features resulting in injury and property damage, a period of imprisonment may be on the cards. To learn more about your case, engage one of our firm today.

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Drink Driving, DUI, Traffic Offence, Drug Driving, Aegis, Brisbane Traffic Lawyer

How Serious is a DUI Charge?

When assessing the penalties associated with drink driving offences, it is important to understand that a person’s ability to drive is not regard as a right or a freedom. To be able to drive, a person must have completed the relevant tests and hours for their licence and then comply with the conditions of that licence. When a person drinks and drives, they may be doing so unlawfully. In instances where there was a crash, damage to property, a person was injured, and/or the person charged has a poor traffic history, imprisonment is a relevant consideration for the court.

While a drink driving offence may seem insignificant, the imposition of significant penalties may indicate otherwise. If you have been charged with a traffic offence, you may be liable to a period of disqualification and monetary fine. In more serious matters, there may be a risk of imprisonment. Depending on the circumstances of the offending, as well as any relevant previous entries, alternative sentencing options may be available.

The penalties for first drink driving offences vary depending on the circumstances of the charge. In assessing the likely penalty in respect of a particular blood alcohol reading, considerations include whether the reading was low or high within that range, the circumstances for which the person was driving, whether there are any aggravating features, and what the person has done to address the underlying causes for the offence prior to sentence. The general penalty range (December 2021) is as follows:

0.00 TO 0.05 BAC
Learner, probationary and provisional drivers, as well as drivers of particular motor vehicles may be subject to additional restrictions concerning alcohol. A person falling into this category with a reading between 0.00 and 0.05 BAC may be liable to a licence disqualification of 3 to 9 months.
0.05 TO 0.10 BAC
A person with a reading between 0.05 and 0.10 BAC is liable to a licence disqualification of 1 to 9 months. The maximum fine is $1,929 and the maximum term of imprisonment is 3 months.
0.10 TO 0.15 BAC
A person with a reading between 0.10 and 0.15 BAC is liable to a licence disqualification of 3 to 12 months. The maximum fine is $2,757 and the maximum term of imprisonment is 6 months.
0.15 BAC AND OVER
A person with a reading of 0.15 BAC or higher is liable to a licence disqualification of 6 months or more. The maximum fine is $3,859 and the maximum term of imprisonment is 9 months. It should also be identified that a person who drives under the influence of alcohol with a reading equal to or greater than 0.15 BAC may be ineligible for a work licence. You may also be subject to an alcohol ignition interlock drive after the period in which your licence was disqualified.

Complimentary Case Assessment

If you have been charged with driving under the influence or alcohol. We are recommending contacting our firm today to assist you with the charge. We are able to assist you by providing early advice on options such as a temporary work licence and strategy to resolving the matter. Our strategy also includes case management to assist you in achieving the best outcome available. In matters concerning first time drink driving offences, we may pursue the lowest period of disqualification available having regard to the circumstances of your case. Organise a complimentary case assessment with a lawyer by calling (07) 3709 7610.

While a drink driving offence may seem insignificant, the imposition of significant penalties may indicate otherwise. If you have been charged with a traffic offence, you may be liable to a period of disqualification and monetary fine. In more serious matters, there may be a risk of imprisonment. Depending on the circumstances of the offending, as well as any relevant previous entries, alternative sentencing options may be available.

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