Drink driving and DUI charges in Queensland

The three tiers, and why your exact reading matters

Notice what happens at 0.15. Section 79(3) says that if the court is satisfied you were over the high alcohol limit, you are conclusively presumed to have been under the influence of liquor. That is why a 0.15 reading is charged as driving under the influence rather than as a "high range" offence, and it is why a work licence is not available at that level.

The gap between 0.149 and 0.150 is therefore enormous. It is the difference between a 3 to 12 month disqualification with a possible work licence, and a 6 month minimum with none. If your reading is close to a boundary, the certificate is worth checking properly.

Repeat offences and the five year window

Section 79 escalates the maximum penalty where you have a previous conviction within five years. Maximums climb to 60 penalty units or 18 months imprisonment for multiple prior convictions, and the disqualification ranges lift with them.

Five years is measured between offence dates, not court dates, and it counts equivalent interstate convictions. People regularly assume an old New South Wales matter will not follow them. It does.

The alcohol ignition interlock condition

Queensland runs a performance based alcohol ignition interlock program. You are required to participate if you are convicted of driving under the influence, of a reading of 0.10 or higher, of failing to provide a specimen, of dangerous driving while affected by alcohol, or of two or more drink driving offences within five years.

The program runs for a minimum of 12 months from the date you get your interlock conditioned licence and install the device. It is structured as an eight month learning period followed by a four month performance period. Any alcohol reading or missed service appointment restarts the four month performance period.

What a defended drink driving charge actually looks like

Most drink driving charges end in a plea, because the breath analysis certificate is strong evidence. That does not make every charge unwinnable.

• Was the analysis done properly? The Act and the regulations set requirements for the instrument, the operator and the timing. A certificate that does not comply is not the evidence the prosecution thinks it is.
• Were you driving, attempting to put in motion, or in charge? Section 79 covers all three, but they are different things and "in charge" has a defence available in limited circumstances.
• Is the reading right? Where the result is near a tier boundary, blood analysis and expert evidence on absorption can matter.

What to do before your first mention

1. Get a copy of your Queensland traffic history from Transport and Main Roads. Do not rely on memory.
2. If a work licence might be available, start collecting the material now. Employer affidavits take time and the application has to be ready on the day.

If you want that assessed before your court date, call us on 07 5522 5777. The first fifteen minutes by phone are free, which is usually enough to tell you where you stand.