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Hi, my name is Christopher Roche. Ever since entering the legal profession in 1986, I have found that there is only ONE way to ensure the best outcome for your DUI. And that is to be prepared and ACT QUICKLY. The faster you take action, the better off you’ll be. That’s why I have made the next step very simple. Call us now so that we can tell you exactly what to do next.
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A drink driving offence comes with a mandatory licence suspension. But ROCHE Legal can apply to the court for a work licence (or special hardship order) to allow you to continue driving for work, study, health or another special reason. If we don’t successfully obtain a work or special hardship licence for you, we will refund our legal fee for this component of your defence.* We are the only law firm in the country to offer this unique promise.
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What Qualifies As Drink Driving
Any person who is operating a motorised vehicle with a blood alcohol concentration (BAC) of over 0.05 is considered to be drink driving. The offence of drink driving is a serious one in Australia and carries equally serious penalties that includes mandatory licence suspension, loss of demerit points, and a fine. Sometimes full cancellation of the driver’s licence or imprisonment can apply.
Laws Governing Drink Driving in Queensland
If an individual is caught driving while intoxicated in Queensland, he or she will be given a summons to appear in Magistrates Court, the closest location to where the offence occurred. The Magistrate will hear the case and decide the penalties that will be issued, anywhere from fine and disqualification to imprisonment. The penalty’s severity hinges on how high the alcohol limit was at the time of the arrest, as well as the driver’s past driving history and any previous drink driving convictions.
Four different limits are generally considered in Queensland. These limits include:
- The No Alcohol Limit (0.00)
- General Alcohol Limit of 0.05 to 0.09
- Middle Alcohol Limit of 0.10 to 0.149
- High Alcohol Limit of over 0.15
The Magistrates Court will adjust the penalties assessed in the drink driving case according to these four limits under the Transport Operations Act 1995.
First-time Drink Driving Penalties
If the driver has never previously faced a drink driving offence, the maximum suspension can range from 9 to 12 months, including fines ranging from $1,500 to $3,000. If the driver was currently on a learner, probationary or provisional licence when the arrest occurred, he or she is considered to be on a no alcohol limit. This no alcohol limit comes with harsher penalties include a maximum suspension of 9 months, a high fine and possible imprisonment for up to three months.
General Alcohol Limit
If the driver’s BAC is under 0.10, the driver will normally be given an automatic 24-hour licence suspension. The police do have the ability to immediately suspend the licence until the matter is finalised in court. However, this normally happens if the driver has committed an additional low range offence while drink driving or if he or she is charged with mid or high range drink driving and failed to give a breath or blood sample.
Mid Range Alcohol Offence Penalties
Mid range offences occur when the BAC level is between 0.10 and 0.149. The licence suspension period can be up to 12 months with a maximum fine of over $2,000 and potential imprisonment of up to six months.
High Range Alcohol Offence Penalties
High range alcohol offences are taken very seriously. It is for that reason that the Magistrate is given discretion when issuing a penalty, and no maximum is detailed. However, the penalty cannot be for less than six months. The maximum fine is over $3,000 with a term of imprisonment of nine months.
Repeat Drink Drivers
Repeat offenders are those who have had a previous drink driving offence within the last five years. Drivers who are repeat offenders are treated harsher than those who have only received one offence. For repeat drink driving offenders, they could face fines of up to over $6,000 as well as a licence suspension of up to two years. If the driver is a repeat offender and has a BAC of over 0.15 or if he or she fails to provide a blood or breath sample, his or her vehicle can be impounded or even confiscated permanently.
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