A person can be charged in court for drink driving under the Transport Operation (Road Management) Act Queensland
The penalties would depend on the offender’s attendant circumstances and traffic record, particularly if there are repeat drinking offences. As a general rule, the higher the blood alcohol concentration (BAC), the heavier the penalty goes. An aggravating circumstance is a poor traffic record.
A Drink Driving (DUI) offender who has committed his or her 1st offence with a Blood Alcohol Concentration (BAC) of 0.099 is likely to be faced with a driver’s licence disqualification, which could be up to 9 months, with a minimum disqualification period of 1 month for those with open driver’s licence, and for those who are not permitted to have any BAC, 3 months. Drink Driving (DUI) who is a 1st offender and has a Blood Alcohol Concentration (BAC) from 0.100 and 0.149 will face a driver’s licence disqualification for a maximum period of 3 months.
A Queensland driver who has an open licence and has a BAC of 0.149 or less who has not lost his or her driver’s licence in the past 5 years will be able to apply for a Drink Driving (DUI) Work Licence, which permits them to remain driving for purposes of work only during the period of their driver’s licence.
A DUI 1st time offender with a BAC of 0.150 or more could be up against a maximum driver’s licence disqualification for life with a compulsory minimum period of 6 months. The greater the BAC level, the greater the driver’s licence disqualification. An offender for the 1st time who has been charged with failing to provide a breath specimen could face a driver’s licence disqualification for life with a compulsory period of 6 months.
When you go to court, you will be facing a Police Prosecutor who practises nothing but Drink Driving (DUI) & Traffic Law all day, every day.
There are certain limits that need to be followed. For learners and drivers of heavy vehicles, they must always have zero BAC. Open license holders’ BAC limit is 0.05. It is not an easy defence for the accused who is charged with drink driving, especially one who is a repeat offender. That is why it is important to engage the services of a lawyer who can prepare the best line of defence for the accused or argue for a lower penalty.
Drug Driving offences
A driver can be pulled over by the police for a random drug test or by mere suspicion that the driver is driving under the influence of drugs. The procedure is conducted by asking the driver to provide a saliva sample. It will only take 3 to 5 minutes to get the results.
Drivers whose results show negative are allowed to go, but those who test positive must take a second test. If the second test still shows a positive result, the sample will be brought to a laboratory to determine whether the saliva contains cannabis, speed and ice, or ecstasy and in what quantities.
The immediate penalty for a positive drug test is the suspension of the driver’s license. The case will then be brought to court for filing of charges. The penalties that may be imposed for a first-time drug driving offence are imprisonment for 9 months, fine of up to $3080 and 6 months disqualification from driving.
As a matter of information, it is not only illegal drugs that can potentially cause hazardous effects during driving. Of course, a driver can only be prosecuted for driving under the influence of drugs if he tests positive for illegal drugs. However, it should be emphasized that prescription or over-the-counter medicine can also affect one’s driving capability. As a matter of precaution, a driver should not drive after taking his medication.
