Traffic
Case note: drink driving at 0.082
Published · Updated
The charge
Driving under the influence of liquor with a blood alcohol concentration of 0.082, following a collision. Nobody was injured.
The driver held a student visa and was preparing a permanent residency application at the time.
What was done
Instructions were to plead guilty. The concern was whether a conviction would be recorded, given the potential effect on the residency application.
Submissions were prepared addressing the factors in section 12 of the Penalties and Sentences Act 1992 (Qld), being the nature of the offence, the offender’s character and age, and the impact a recorded conviction would have on economic and social wellbeing and on prospects. Character references were provided, and there were discussions with police prosecutions.
The result
A disqualification of 2 months and a fine of $380, with no conviction recorded.
A collision is an aggravating feature in a drink driving matter and courts do not treat it lightly. Whether a conviction is recorded depends on the material actually put before the court in the individual case. Every matter turns on its own facts, and this note does not predict any other result.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.