Criminal | Drink Driving | Traffic Law Offences

A Special Range Drink Driving Offence Occurs When A Driver Drives With A Blood Alcohol Concentration (BAC) Above 0.00

A special range drink driving offence occurs when a driver drives with a blood alcohol concentration (BAC) above 0.00, but less than 0.05 in Queensland if the zero BAC requirement applies. This offense applies to drivers who:

  • Have a learner licence
  • Have a provisional or probationary licence
  • Hold a class RE motorbike licence and have held it for less than 12 months, or are learning to ride a class R motorcycle
  • Operate a tractor or a specially constructed vehicle
  • Driving a truck, a bus, an articulated vehicle, a road train, a vehicle transporting dangerous goods, a tow truck, a pilot vehicle, a taxi, limousine, or a driving instructor vehicle
  • Are unlicensed

The following penalties may apply depending on your prior offenses, traffic history, and whether you caused any damage or harm to others:

  • A fine of up to $2,167 or imprisonment of up to three months for a first offence
  • A fine of up to $4,334 or imprisonment of up to six months for a second or subsequent offence
  • Licence disqualification for three to nine months for a first offence
  • licence disqualification for six months to five years for a second or subsequent offence
  • A requirement to complete a driver education program
  • A requirement to install an alcohol interlock device
  • Vehicle impoundment or forfeiture

In the event that your alcohol concentration exceeds the limit applicable to you, your license will be suspended for 24 hours from the date your BAC is confirmed to exceed the limit. Additionally, your license will be suspended if you have been charged with a special range drink driving offence while an earlier charge of drink driving is still pending or you hold a section 79E order and are required to abide by an X4 condition for a replacement license. In addition, you will have to appear in court before a magistrate who will determine the length and severity of your punishment.

There are serious implications for your life and livelihood if you are charged with special range drink driving. You should seek legal advice if you have been charged with special range drink driving or wish to challenge the charge.

Criminal legal
NSW Traffic Offences

Traffic Law Offences in NSW

Traffic laws play an essential role in managing roads – know more about the frequent offences & their consequences in NSW. #TrafficLawOffences

Read More »
VIC Criminal Law

Types of bail applications in Victoria

Explore the bail applications offered in Victoria, Australia & understand the rules & conditions associated with each. Police bail, Court bail & taxation bail all have their own criteria & eligibility requirements.

Read More »

Criminal lawyers

Hiring a Criminal Lawyer is Essential if You’ve Been Charged

Ask a Question Form

While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.