In every celebration, drinking has been a common part of the Australian culture. But with it comes the risk of drink driving not to mention the unnecessary dangers and risks that result from it.
The question is…
Is drink driving a criminal offence in QLD?
Before we answer this million-dollar question, let’s look into some other frequently asked questions about drink driving or DUI.
What is considered drink driving in Queensland?
Driving with a blood alcohol concentration (BAC) of 0.05% or more is considered drink driving in QLD. This is the legal limit for fully licensed drivers. For learner and provisional licence holders, the limit is zero. This means that any level of alcohol in their system while driving is against the law.
Is DUI a criminal offence?
Yes, drink-driving is a criminal offence in QLD. The maximum penalty for drink driving is imprisonment for 6 months and/or a fine of $3,300.
What are the penalties for drink driving offences?
DUI offences can result in harsh penalties depending on your BAC and if you have been convicted of identical charges before.
If this is your first offence and your BAC was 0.05% or more but less than 0.15%, the penalties may include a fine of $1,500 and a disqualification period of between 1 month and 9 months.
If this is your first offence and your BAC was 0.15% or more, the penalties may include imprisonment for 6 months and/or a fine of $3,300 and a disqualification period of at least 6 months.
If you have been convicted of a similar offence before, the penalties may include imprisonment for 18 months and/or a fine of $5,500 and a minimum disqualification period of 12 months.
The penalties typically increase if you are caught driving under the influence while your licence is suspended or cancelled or if you are driving a commercial vehicle. In any case, you should get legal advice if you have been charged with drink driving so you can understand the charges and the possible penalties.
Can you get a work licence after a DUI?
After being charged with DUI, you can apply for a “restricted” work licence. This allows you to continue driving for work purposes only.
Here are the prerequisites to apply for a restricted licence:
- Your BAC was 0.15% or less;
- It is your first offence;
- You were not driving a vehicle that required a higher class of licence; and
- Your licence was not suspended or cancelled at the time of the offence
If your application is successful, you will be issued with a work licence that allows you to drive for work purposes only under the conditions attached like the times you can drive. Remember not to drink alcohol at all while you are on a restricted licence. If you do, your licence will be cancelled and you will have to reapply for it.
If you are charged with DUI, what should you do?
The first and most important thing that you should do is get legal advice as soon as possible. You will need to go to court and the penalties can be serious.
You may be able to avoid a criminal record and the other penalties if you can show that special circumstances were prompting you to drive drunk or you had a genuine need to drive. You may also prove that your blood alcohol concentration (BAC) was low.
For example, if you were driving home from work and had one drink with dinner, your BAC may not have been high enough to be over the legal limit. It is important to get legal advice as soon as possible so you can have the best decision for your case.
How do you get your driver’s license back after disqualification?
Once your disqualification period is over, you can apply to have your licence reinstated. However, you may need to provide proof of identity, pay the licence fee and pass a written road rules test and an on-road driving test.
If your disqualification lasted for more than 5 years, you need to provide a medical certificate before your licence can be reinstated.
What is the difference between a DUI and a DWI?
DWI is driving while impaired by alcohol or drugs and DUI is driving while under the influence of alcohol or drugs.
It is usually less serious for someone to receive a DWI instead of a DUI. A DWI is usually charged when a police officer thinks that you are impaired but your BAC is not high enough to be over the legal limit.
Let’s say you are pulled over for speeding and the police officer smells alcohol on your breath, you may be given a breath test. If your BAC is 0.05% or more, but less than 0.08%, you may be charged with a DWI.
Now that these FAQs have been answered, let’s go back to our million-dollar question, “is drink driving a criminal offence in QLD?”
Yes, drunk driving is a criminal offence in QLD. The penalties for drunk driving can be quite severe, depending on the circumstances. If you are caught driving under the influence of alcohol, you may be fined, jailed or both. You may also have your licence suspended or cancelled. Repeat offenders may face even harsher penalties.
For the best legal team that can handle DUIs, Contact Smith Criminal Law!
