Low range drink driving in Queensland

Where the band sits

The general alcohol limit for an open licence holder in Queensland is 0.05.

Low range is the charge that applies where your reading is over 0.05 and under 0.10. It is the lowest of the three drink driving bands above the general limit.

It is an easy band to land in without noticing. Depending on body weight, sex and timing, you might be inside it after five standard drinks over two hours as a 75kg man, four standard drinks over two hours as a 65kg woman, six over three hours as a 95kg man, or eight over seven hours as an 85kg woman.

Those are indicative only. Our guide to standard drinks and BAC explains why the same number of drinks produces very different readings in different people.

Different limits apply to some drivers. Learner, provisional and probationary licence holders, and drivers of certain heavy and public passenger vehicles, are subject to a zero limit, so any reading is an offence.

What happens to your licence

A low range reading results in an immediate 24 hour suspension, running from the time your reading is confirmed by breath or blood analysis. That is shorter than the immediate suspension for the higher bands, which continues until the charge is finalised.

On conviction for a first low range offence, the court imposes a disqualification of between 1 and 9 months. Where in that range you land depends on the reading, your traffic history and what the court is told about your circumstances.

Driving during the 24 hour period, or during any later court-ordered disqualification, is a separate and more serious offence carrying a maximum of 40 penalty units or 12 months imprisonment. It is a genuinely bad idea, and it is the point at which a manageable matter becomes a serious one.

Because low range does not carry an immediate suspension through to the court date, a work licence under section 87 may be available depending on your history, your licence class and whether you need to drive for work. Get advice on eligibility early, because the application is made at the time of sentence.

The other penalties

Beyond the licence, a first low range offence carries a maximum of 14 penalty units or 3 months imprisonment.

Penalty units are indexed on 1 July each year. Convert using the current figure rather than a dollar amount quoted in older material.

You still have to go to court

Yes. A low range drink driving charge is dealt with in the Magistrates Court. There is no infringement notice option.

Because of that, dealing with it yourself is usually a false economy. Even in a straightforward matter, a lawyer can put relevant material before the court that affects the disqualification period and the fine, raise anything that might justify no conviction being recorded, and identify whether there is a problem with the charge itself.

Problems do arise. The testing procedure, the time between driving and analysis, and whether you were in charge of a vehicle at the relevant moment are all things worth checking rather than assuming.

Will a conviction be recorded?

The starting position is yes. A traffic conviction is ordinarily recorded on a finding of guilt for low range drink driving.

That has consequences past the courtroom. It can appear on employment checks, it can affect travel to certain countries, and it may trigger a disclosure obligation to a professional body or licensing authority.

In some cases a submission that no conviction should be recorded can succeed. That is a discretion under section 12 of the Penalties and Sentences Act 1992 (Qld), which requires the court to weigh the nature of the offence, the offender’s character and age, and the effect recording a conviction would have on their economic or social wellbeing or their prospects of employment. Whether it is available in your case needs specific advice.

Things that make it worse

The above describes a first low range charge with nothing else attached. Several factors change the picture:

• refusing to provide a specimen of breath or blood when required, which is a separate and more serious offence;
• a charge of dangerous operation of a vehicle while adversely affected arising from the same incident;
• an earlier drink driving charge that has not yet been heard; and
• a previous drink driving charge within the last 5 years.

For repeat offences you may face vehicle impoundment, an extended disqualification, a substantially larger fine, an alcohol ignition interlock condition or imprisonment. Tell your lawyer about any history, including matters not yet dealt with, because it changes what can realistically be sought.

If you have been charged

Get advice before your court date rather than on it. There is useful work to do beforehand, including obtaining the certificate of analysis, checking the procedure followed and preparing material about the effect of a disqualification on your work and family.

We can also advise on whether the charge might be discontinued, whether no conviction is realistically available, and whether you are eligible for a work licence or a special hardship order.