Introduction

For truck drivers, a single misstep of being charged with a traffic offence can have far-reaching consequences, not only for their careers but also for their personal lives.

Among the most serious traffic offences are drink and drug driving. These offences carry severe penalties and can devastate a truck driver's livelihood. This blog post delves into the implications of these laws, offering insights and practical advice for truck drivers charged with drink or drug driving in Queensland.

The Seriousness and Implications of Drink and Drug Driving in the Trucking Industry

Truck drivers hold a unique position on the roads, responsible for operating large vehicles that require heightened skill and concentration. Consequently, the laws governing their conduct, especially pertaining to drink and drug driving, are stringent.

The Queensland government has enacted some of the toughest legislation to deter and penalize drink and drug driving, reflecting the gravity of these offences. For truck drivers, understanding these laws is crucial to safeguarding their careers and ensuring road safety.

Specific Laws and Penalties for Drink and Drug Driving in Queensland

Drink Driving Laws

In Queensland, the legal blood alcohol concentration (BAC) limit for truck drivers is 0.00%. This zero-tolerance policy underscores the responsibility truck drivers bear. If a truck driver is found to have a BAC over this limit, they face significant penalties, including:

• Fines

• Immediate licence suspension

• Disqualification by the courts

Drug Driving Laws

Drug driving laws are equally stringent. There are two primary offences related to drug driving:

• Driving with a Relevant Drug in the System: This charge applies if a driver tests positive for drugs such as cannabis, ecstasy, or methamphetamines.

• Driving Under the Influence of a Drug (DUI): This more severe charge applies when a driver's ability to control the vehicle is impaired by drugs.

Penalties for drug driving include:

• Hefty fines

• Licence disqualification 

The law states that the zero alcohol limit applies to anyone driving a truck, a bus, an articulated motor vehicle, a B-double, a road train.

The Impact of These Laws on a Truck Driver’s Career

Licence Disqualification and Employment Consequences

The immediate consequence of a drink or drug driving charge is often the disqualification of the driver's licence. For truck drivers, whose livelihood depends on their ability to drive, this can be catastrophic. A disqualified licence means an inability to work, resulting in loss of income and potential job termination.

See below for more information on work licences.

Long-term Career Implications

Even after serving the suspension period, the long-term effects linger. A criminal record can make it challenging to secure future employment within the trucking industry, as employers often conduct background checks.

In Queensland a conviction for a drink or drug driving charge is not recorded on a person’s criminal history but can be recorded on their traffic history.  Given most employers would want to see a drivers traffic history if they apply for a job this can be a serious impediment to gain employment.

The recording of a conviction is not mandatory, it is up to the Magistrate to decide whether to record a conviction or not.  Section 12(1) of the Penalties and Sentences Act provides that the court may exercise a discretion to record a conviction or not.

In considering whether or not to record a conviction, the court must have regard to all circumstances of the case, including:

1. the nature of the offence; and

2. the offender’s character and age; and

3. the impact that recording a conviction will have on the offender’s economic or social wellbeing; or chances of finding employment.

The law is in place as it recognises that the recording of a conviction can have a huge impact on a person even years after the offence has been resolved in court.

How does the Magistrate decide whether to record a conviction?

Section 12 is not exhaustive which means the court must consider the factors in section 12 but can consider other things as well. 

Generally the court will be looking at:-

The nature of the offence

This is fairly obvious the more serious an offence the more likely a conviction will be recorded.  With drink driving the court will look at the BAC reading and whether any accident occurred.

The offender’s character and age;

Younger offenders are more likely not to have a conviction recorded for a drink driving charge.  This does not mean older offenders will automatically have a conviction recorded as an offenders character is also taken into account.  Character would usually be judged on a persons traffic and criminal history (if any).

The impact that recording a conviction will have on the offender

The impact of the recording of a conviction must be taken into account by the court.  Given the conviction is going to be recorded on the traffic and not criminal history a person would have to show how a traffic conviction will impact them negatively.  A truck driver who if they get a conviction recorded their employer will fire them or they will find it hard to get employment in the future would have an argument why a conviction should not be recorded as trucking companies would likely ask new applicants for a job to show them their traffic history.

In the past the courts have generally considered they should record a conviction for a traffic offences however the cases of Wilson v Commissioner of Police & Clinton v Commissioner of Police  have shown that a magistrate cannot simply automatically record a conviction for drink driving without properly considering the factors in section 12.

Learn more about the recording of a conviction for drink driving charges.

Getting a Work Licence

A truck driver who is charged with drug or drink driving would obviously be looking at whether they could apply for a work licence to keep driving.

Where a person was driving a truck, a bus, an articulated motor vehicle, a B-double or a road train at the time they were arrested the law does not allow them to apply for a work licence at all.  The truck is defined as any truck with a  GVM over 4.5t.

If a person was arrested while driving a motor vehicle but needs a work licence to earn an income as a truck driver then they may be able to apply for a work licence.

There are strict rules relating to work licences so go to our dedicated work licence page to learn more.

Conclusion

Compliance with drink and drug driving laws is crucial for truck drivers, not only for their safety but also for their professional and personal well-being. The stakes are high, and the consequences of a violation are severe.

At Clarity Law, we are committed to helping truck drivers through these difficult times with expert legal advice and representation. Our team understands the unique challenges faced by truck drivers and is here to provide the support and guidance needed to protect your career and livelihood. If you or someone you know is facing drink or drug driving charges, don’t hesitate to contact us for a consultation.

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;

1. Use our contact form and we will contact you by email or phone

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to book a teleconference at a time that suits you

4. Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.

5. 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 drug driving charge will have an impact on you, your family and your employment or business.