DUI
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Being charged with drink driving or a DUI is one of the most serious traffic offences in Queensland and as such, the Queensland Courts administer some of the harshest penalties in Australia for these offences.
It is a requirement that if sentenced for a charge of drink driving in Queensland that a person’s driver licence must be disqualified by the Court, despite any relevant personal circumstances. There is however, leniency in the form of a work licence application, for those who are charged with general or middle alcohol limit though further eligibility criteria do apply.
Dependent upon a person’s licence type and circumstance, differing blood alcohol limits apply:
License Class or Circumstance
Holder of:
Learner driver licence
P1/P2 provisional driver licence
Probationary driver licence
All licence holders learning to drive the next higher class of licence
All class RE motorcycle licence holders for the first 12 months of holding their class RE motorcycle provisional, probationary, restricted or open licence
All licence holders when driving, or in charge of a:
- Truck (any motor vehicle with a GVM greater than 4.5t)
- A bus (built or fitted to carry more than 12 adults, including the driver)
- An articulated motor vehicle (e.g. B-double or road train)
- A vehicle carrying a placard load of dangerous goods
- A taxi, limousine or other vehicle that is available to be used, about to be used or being used to provide a public passenger service (for example, a driver of a ride booking vehicle that is on duty to accept bookings
- A tow truck, pilot vehicle or escort vehicle escorting an oversize vehicle
- A vehicle being used by a driver trainer to give driver training
A specially constructed vehicle, including a tractor
Blood Alcohol Concentration
0.00 | No alcohol limit
Holder of:
Open driver’s license
Below 0.05 | General Alcohol Limit
What is the likely sentence for a drink drive?
When ascertaining the likely outcome of a conviction for drink driving charges, many factors are at play. Whilst first time convictions are most commonly dealt with by both a fine and a licence disqualification, those who have previous convictions of like offences can be at serious risk of imprisonment. Further, a person convicted for a third drink drive above the high alcohol limit within 5 years, must legislatively be sentenced to a period of imprisonment.
All drink driving charges are accompanied with a mandatory disqualification period that a Court must order for any plea of guilty or finding of guilt. It is to the Court’s discretion to order than a person should be disqualified for a period longer than the mandatory minimum in a number of circumstances. These can include but are not limited to, the manner of which the person was driving prior to being charged, whether property damage or injury was caused by the manner of driving, the circumstances which a person was found to be driving, and a person’s traffic history.
It is a requirement that a person charged with middle or high range drink driving has their licence immediately suspended until the time when the charge is dealt with in Court. Any time which the licence is immediately suspended cannot be counted towards the period of mandatory disqualification. As such, for those who would likely be sentenced only to the mandatory minimum disqualification, time is of the essence to deal with your matter.
Information on Charges
The table on the DUI Charges Page can provide a general indication of the sentence outcomes and related information for a first time offender on an open license.
Am I Eligible for a Work License Application?
Those charged with a general range or middle range drink drive may be eligible to apply for a work licence application. In many cases, getting a work licence can mean the difference between a disqualification ruining your life or not. For many, if they cannot get a work licence then their spouse, their family, their lifestyle and their freedom may suffer considerably.
This application must be made prior to finalising your drink driving charge in the Court as it will be taken into consideration at the time of sentence. Should you be successfully granted a work licence application, it is likely that you will be sentenced to a disqualification for a longer period of time than you otherwise would have.
Am I Eligible for a Work License Application?
Those charged with a general range or middle range drink drive may be eligible to apply for a work licence application. In many cases, getting a work licence can mean the difference between a disqualification ruining your life or not. For many, if they cannot get a work licence then their spouse, their family, their lifestyle and their freedom may suffer considerably.
This application must be made prior to finalising your drink driving charge in the Court as it will be taken into consideration at the time of sentence. Should you be successfully granted a work licence application, it is likely that you will be sentenced to a disqualification for a longer period of time than you otherwise would have.
Will I be subject to a mandatory interlock period?
Those charged with a high range drink drive, fail to provide specimen or someone who is convicted of a second drink drive within five years, must complete a mandatory interlock period at the conclusion of their licence disqualification. In order to complete an interlock period, a device is attached to your nominated vehicle which requires a 0.0 blood alcohol content breath sample when starting the vehicle and at random intervals during the journey in order to operate the vehicle. In the five years after your licence disqualification is lifted, you must complete at minimum 12 months of the Alcohol Ignition Interlock Program.
Can I refuse to provide a breath, saliva or blood sample for analysis?
Refusing to provide a sample sufficient for analysis to be undertaken, can result in one of two charges.
- Failing to provide a sample at the roadside, this includes other unnamed locations such as a person’s home; or
- Failing to provide a sample at a police station or booze bus.
Failing to provide a sample at the roadside can attract a penalty of a fine in excess of $5000 or six (6) months imprisonment. On the other hand, if you are charged with the most serious, failing to provide a sample at a police station or booze bus, it is treated as a high limit drink driving offence. The penalty for this offence is a fine in excess of $3500 or nine (9) months imprisonment along with a licence disqualification for a minimum of 6 months for a first time offender.
Don't take your chances! Contact the experts.
Given the seriousness of these consequences, we recommend that you engage an experienced traffic lawyer in order to provide you with advice on the best way to progress your matter, advocate for you in Court, and get you the best possible outcome.