Drink and Drug Driving on a Provisional Licence in Queensland

Wednesday, 22 May 2024 17:44

Drink and Drug Driving on a Provisional Licence in Queensland

Written by Steven Brough

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Introduction

For provisional licence holders, driving represents newfound freedom and responsibility. However, with this responsibility comes the obligation to adhere to stringent road safety laws, particularly those concerning drink and drug driving. In Queensland, the legal system takes a hard stance on such offenses, especially for provisional drivers, due to their limited driving experience and higher risk profile. This blog post aims to provide an in-depth understanding of the laws, consequences, and practical advice for provisional drivers charged with drink or drug driving, as well as tips for preventing such situations.

Understanding the Laws

Drink Driving

In Queensland, provisional licence holders (P1 and P2) must maintain a zero blood alcohol concentration (BAC) while driving. This zero-tolerance policy means that even a minute amount of alcohol in your system can lead to serious legal repercussions. The law is clear: no alcohol is permissible for provisional drivers, and any detected BAC will result in charges and penalties.

Drug Driving

Similarly, Queensland law imposes a zero-tolerance policy for drugs. Provisional drivers must not have any detectable traces of illegal substances in their system while driving. The two primary charges for drug driving are:

Driving with a relevant drug present in saliva, blood, or urine.
Driving under the influence of drugs (DUI), indicating impaired driving ability due to drug consumption.

Both charges can have severe legal consequences, and being convicted of either can significantly impact a provisional driver’s future.

Consequences

The consequences of drink or drug driving on a provisional licence in Queensland are severe and multifaceted. These can include:

Immediate Penalties

Fines: Monetary penalties can be substantial, straining financial resources.

License Suspension: Provisional drivers can face immediate suspension and will face disqualification from driving for at least 3 months or 6 months if the charge is high range drink driving

Court Appearances: Charges will require a court appearance, adding to the stress and potential consequences.

Long-Term Effects

Criminal Record: A conviction if recorded can lead to a criminal record (though only recorded on the traffic history not criminal history), potentially affecting future employment prospects and travel opportunities.

Insurance Premiums: Convictions can cause a spike in insurance premiums, increasing the cost of driving.

Professional Impact: Certain professions require a clean driving record; a conviction can hinder career aspirations.

Court Appearance

Being charged with drug or drink driving while on your P Plates will require you to appear in court. However depending on your age this might be a regular adult court or children’s court.

Childrens court

If you are under 18 years of age at the time the drink or drug driving charge then your court appearance will be in a children’s court.

This will mean;

Your appearance in court cannot be published
The court can decide not to disqualify your licence
You may not be fined

Learn more about Licence Disqualifications in the Children's Court

Adult court

Your appearance in court can be published
The court must disqualify your licence for no less than 3 months
You may will be fined

Learn more about Licence Disqualifications in the Adult Court

Work Licence

P Platers are barred under the law from applying for a work licence. If the appearance is in the children’s court it may be possible to get no disqualification.

Advice and Next Steps

If you find yourself charged with drink or drug driving on a provisional licence, it’s crucial to take immediate and informed steps:

Seek Legal Advice

Engaging a specialized traffic lawyer is essential. At Clarity Law, we have extensive experience defending clients in Queensland traffic law cases. Expert legal representation can help navigate the complexities of your case, potentially mitigating penalties and protecting your future.

Support Services

Utilize available support services, such as counselling or rehabilitation programs, which can demonstrate a commitment to rectifying the behaviour and may positively influence court outcomes. Also look towards completing a traffic offender program like QTOP to demonstrate to the court you are treating the charge seriously.

Conclusion

Navigating the legal landscape as a provisional licence holder in Queensland requires a clear understanding of the stringent laws surrounding drink and drug driving. The consequences of such charges are severe, but with the right knowledge and legal support, you can mitigate the impact and learn from the experience.

At Clarity Law, we are committed to helping good people through tough times. If you or someone you know is facing a drink or drug driving charge, don’t navigate this challenging situation alone. Contact us for expert legal advice and representation. Together, we can work towards the best possible outcome and ensure you continue to drive responsibly and safely.

What courts do you cover?

What cover every court from the Gold Coast to Bundaberg.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices, given our experience, is very competitive

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Drink Driving - Low range $1,499

Drink Driving - Mid range $1,599

Drink Driving - High range $1,699

If this is not your first drink driving charge, you have other charges or an extensive history we will provide you with a fixed price quote.

If I contacted you what would occur?

If you contact us, then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email or contact form. They have over 50 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete online in less than 15 minutes. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with many hundreds of courts appearances for drink driving charges each.

Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

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 at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
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Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

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 driving.

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

Need more information?

We have a range of articles on drink driving on our traffic law blog. Some of the most recent have included:

Published in Legal Blog

Steven Brough

Steven Brough is the Founder of Clarity Law. He is one of the most experienced traffic lawyers in Queensland having appeared in court many thousands of time throughout Queensland since 2010. He has authored over 100 articles about every aspect of traffic law in Queensland.

www.drivinglaw.com.au/about-us/our-team/121-steven-brough.html | This email address is being protected from spambots. You need JavaScript enabled to view it.