Have you been charged with a drink driving offence (DUI)? The information below outlines penalties:
|Blood / Breath Alcohol Concentration (BAC) Reading||Licence Disqualification||Maximum Fine Amount||Maximum Term of Imprisonment|
|Over 0.00, but under 0.05|
This applies to learner, probationary or provisional licences.
Drivers of certain vehicles must also maintain a 0.00 BAC
|3 to 9 Months||$1,706||3 Months|
|Over 0.05 but under 0.10|
(Low Range Drink Driving)
|1 to 9 Months||$1,706||3 Months|
|Over 0.10, but under 0.15|
(Mid Range Drink Driving)
|3 to 9 Months||$2,438||6 Months|
|0.15 and over|
(High Range Drink Driving)
|Minimum 6 Months||$3,413||9 Months|
Offenders who are charged with their second drink driving offence, or repeat offenders face higher penalties than those charged with their first drink driving charge. Repeat offenders face a maximum fine up to $7,314 and a licence disqualification up to two (2) years.
Repeat offenders may also be sentenced to a term of imprisonment determined by the Court.
If you are convicted of three major offences within a five (5) year period, then your drink driving penalty must include jail. The Court has no choice in sentencing you to a term of imprisonment.
In certain circumstances, your licence can be immediately suspended. Your licence will be immediately suspended if you:
Q: How long will my immediate suspension last?
A; An immediate suspension will continue to remain in effect until your drink driving charge has been dealt with by the Court or until it is withdrawn or discontinued.
Q: I have received an Immediate Suspension but I need to get to work. Can I get a work licence on an immediate suspension?
A: You may be eligible to apply for a licence under Section 79E of the Transport Operations (Road Use Management) Act 1995 to allow you to continue working and drive until your drink driving charge has been finalised by the Court. If you need to drive on your immediate suspension please call our team to discuss this with one of our drink driving lawyers.
If you are stopped by a Police Officer and they think you may be under the influence of alcohol or drugs, they can require that you:
If stopped by a Police Officer, it is an offence if you:
Q: Can I request a blood test if I fail a roadside breath test.
A: Although the Police can require you to take a blood test, you have no right to insist on a blood test being done.
If you are convicted of a drink driving offence, you will be disqualified from holding or obtaining a driver’s licence for at lease one (1) month. If you are convicted of failing or refusing to provide a specimen of breath, you will be disqualified from holding or obtaining a driver’s licence for at lease one (1) month.
The higher your BAC reading, the longer your licence will be disqualified.
If you are convicted of a drink driving offence, you should hand your drivers licence to the Police Prosecutor as it is an offence to keep a cancelled or disqualified licence.
You will be charged with low range drink driving if you are found to have a Blood Alcohol Concentration (BAC) of between 0.05% and 0.10% while you are in control of a vehicle.
If you are found guilty and it is your first offence, low range DUI penalties can include:
Committing a second low range DUI offence within five years can result in a higher penalty. If you are found guilty of a second offence within a 5 year period, the Magistrate may sentence you to the following penalties:
Further offences within a 5 year period can lead to even more severe penalties, including:
A mid range QLD DUI penalty will be applied when a person is found to be in charge of a vehicle with a BAC of between 0.1% and 0.15%.
The mid range DUI penalties may include:
If you are convicted of a second DUI offence within a five year period and your blood alcohol content is in the mid range, a combination of the following penalties may be ordered as the overarching mid range drink driving penalty:
Obviously, high range drink driving is the most serious of all DUI violations and, accordingly, a high range drink driving penalty is the most severe.
Drivers found to have a BAC in excess of 0.15%, or those who have refused to give a blood alcohol sample, high range DUI penalties can include the following:
Significantly, a second high range DUI offence within a five year period can result in even higher penalties, including:
Any further high range DUI offence within a five year period, under QLD law, will mean a compulsory driving licence disqualification for a minimum period of two years, which could be for up to a lifetime and a term of imprisonment.