Facing a drink driving charge in Queensland can be a daunting experience, potentially leading to severe consequences that impact various aspects of your life. In Queensland, where road safety is a stated priority of the government, it's crucial to understand your rights and responsibilities if you find yourself in such a situation.
Drink driving is a serious offence that can have severe consequences for your licence, your finances and your life. If you are arrested for drink driving, you need to know what to do and what not to do to protect your rights and avoid further penalties. Here are the top 5 do's and don'ts if you are arrested for drink driving in Queensland.
Top 5 Things to Do If Arrested for Drink Driving
Remain Calm and Cooperative: When pulled over by the police, it's essential to remain calm and cooperative. Be polite, provide your identification and driver's licence, and follow their instructions. Resisting or becoming confrontational can only worsen the situation.
Invoke Your Right to Remain Silent: You have the right to remain silent and not answer any questions beyond basic identification details. Politely inform the police that you would like to exercise this right.
Seek Legal Representation: Contact a qualified traffic lawyer as soon as possible. A skilled drink driving law firm, such as Clarity Law, can help protect your rights, guide you through the legal process, and ensure you make informed decisions at every step.
Preserve Evidence: If possible, document the circumstances leading up to the arrest. This could include taking photos and noting what occurred. Such evidence will likely only be of use if charged with other offences as well as drink driving or if you intend to plead not guilty to the charge. See our articles on whether you can beat a DUI
Attend Mandatory Court Dates: Failing to attend court hearings can result in additional charges and further complications. Make sure to be punctual and present at all court appearances as required.
Top 5 Things NOT to Do If Arrested for Drink Driving:
Do NOT Admit Guilt: Avoid making self-incriminating statements, admitting guilt, or sharing unnecessary details about the incident with police. Anything you say can be used against you in court.
Do NOT Refuse a Breath Test: In Queensland, refusing a breath or blood test is a serious offence and can lead to immediate suspension of your driver's license. It's generally advisable to comply with the test while seeking legal guidance.
Do NOT Drive Under Suspension: If your license has been suspended due to a drink driving charge, refrain from driving until your suspension period is over. Driving under suspension can lead to harsh penalties.
Do NOT Ignore Legal Obligations: Follow any court orders, fines, or penalties issued by the court. Failure to comply can lead to further legal troubles.
Do NOT Plead Guilty without Legal Advice: Pleading guilty to a drink driving charge without legal advice could mean that you miss out on properly explaining to the court your mitigating factors or alternative penalties that could reduce the impact of the offence on your life. For example, you may be eligible for a work licence that allows you to drive for work purposes during your disqualification period. However, these licences are not automatically granted and require an application to the court with supporting evidence.
Summary
When facing a drink driving charge in Queensland, it's imperative to stay composed, exercise your rights, and seek professional legal assistance promptly. Clarity Law, with its expertise in traffic law, can provide you with the guidance and support you need to navigate the complexities of your case successfully.
FAQs
Q: What are the legal blood/breath alcohol limits in Queensland?
A: Queensland has four alcohol limits depending on your licence type and the vehicle you are driving. The limits are:
- 'no alcohol' limit –you will be over this limit if the concentration of alcohol in your blood or breath is more than zero. This applies to learner, provisional and probationary licence holders, as well as drivers of trucks, buses, taxis, limousines, tow trucks, tractors, vehicles carrying dangerous goods or instructors supervising learner drivers.
- general alcohol limit –you will be over this limit if the concentration of alcohol in your blood or breath is equal to or more than 0.05. This applies to open licence holders who are not subject to the 'no alcohol' limit.
- middle alcohol limit –you will be over this limit if the concentration of alcohol in your blood or breath is equal to or more than 0.10.
- high alcohol limit –you will be over this limit if the concentration of alcohol in your blood or breath is equal to or more than 0.15.
See our article on BAC limits in Queensland for more information.
Q: Can I represent myself in court for a drink driving charge?
A: While you have the right to represent yourself, it's highly recommended to seek legal representation as they are experts and appear in court regularly. A skilled traffic lawyer can navigate the legal process, reduce your stress and achieve more favourable outcomes. See our article on Why You Should Never Represent Yourself in Court for a traffic matter
Q: Will I lose my driver's license immediately after being charged?
A: If you're charged with drink driving, your licence will be suspended temporarily until your court hearing. However, the length of the suspension will vary based on the charge. Low range drink driving charges will only have a 24 hour suspension, while mid and high range drink driving charges will see the licence suspended until the court date.
Q: What are the penalties for drink driving in Queensland?
A: The penalties for drink driving in Queensland depend on your blood/breath alcohol concentration (BAC), your traffic history and whether you are a first-time or repeat offender. The penalties can include:
- licence disqualification –the minimum and maximum periods vary depending on your BAC and the number of previous offences. For example, a first-time low range offender (0.05 BAC and over, but under 0.10 BAC) faces a licence disqualification of 1 to 9 months, while a repeat high range offender (0.15 BAC and over) faces a very lengthy licence disqualification.
- fine –the maximum fine amount varies depending on your BAC and the number of previous offences. For example, a first-time low range offender faces a fine of up to $2,167, while a repeat high range offender faces a fine of up to $9,288.
- imprisonment – if you have 3 high range drink driving charges in 5 years imprisonment will form part of the punishment.
See our article on drink driving penalties.
Q: Can I get a work licence or a restricted licence if I am disqualified for drink driving?
A: You may be able to apply for a work licence or a restricted licence if you are disqualified for drink driving, but only if you meet certain criteria. A work licence allows you to drive for work purposes only. To be eligible for either licence, you must:
- hold a current open Queensland driver licence
- have been charged with a low or mid range drink driving offence (0.05 BAC and over, but under 0.15 BAC)
- need your licence for work
- not have been convicted of drink driving or a similar offence in the past 5 years
- not have been disqualified, suspended or cancelled from driving in the past 5 years
- not have been driving for work when you were caught drink driving
See our article on work licences for more information.
You must also apply for the licence before your court date and provide supporting evidence such as an affidavit from yourself and your employer, proof of income and proof of hardship. The court will decide whether to grant you the licence based on your personal circumstances and the public interest.
Q: What is an alcohol ignition interlock and when do I need one?
A: An alcohol ignition interlock is a device that is installed in your car that prevents it from starting if you have any alcohol in your system. You will need to have an interlock fitted to your car if you are convicted of:
- high range drink driving (0.15 BAC and over)
- mid range drink driving (.1 to .149 BAC)
- repeat drink driving (two or more offences within 5 years)
- failing to provide a breath or blood sample
- dangerous operation of a motor vehicle while under the influence
You will need to have the interlock for at least 12 months after your disqualification period ends, and you will need to complete an interlock program that includes regular monitoring and reporting. You will also need to pay for the installation, maintenance and removal of the interlock device. See our article on interlock exemptions.
Conclusion
Facing a drink driving charge in Queensland requires a proactive and informed approach. Following the do's and avoiding the don'ts outlined in this blog post, along with seeking the assistance of Clarity Law, can greatly enhance your chances of achieving the best possible outcome for your case. Remember, your rights and future are worth protecting, and a skilled traffic lawyer can make all the difference in your legal journey.
How do I get more information or engage you to act for me?
If you want to engage us or just need further information or advice then you can either;
-
Use our contact form and we will contact you by email or phone
-
Call us on 1300 952 255 seven days a week, 7am to 7pm
-
Click here to book a teleconference at a time that suits you
-
Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.
-
Send us a message on Facebook Messenger
We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink or drug driving charge will have an impact on you, your family and your employment or business.
