Thank you for considering engaging Clarity Law as a possible traffic law firm for your Brisbane DUI or Drink Driving charge. We have been representing people charged with DUI and Drink Driving charges in the Brisbane courts since 2010 and we are very familiar with every Magistrate and Judge that sit in Brisbane and the surrounding courts.
Engaging a traffic lawyer is a difficult decision, you need to be sure the traffic law firm you engage is both reputable, experienced and that you have certainty of your legal costs and the traffic lawyer they assign to your case is knowledgeable in the Brisbane Courts and knows what each Magistrate wants.
If you have been charged with drug driving then we have a dedicated drug driving Brisbane page.
I am charged with drink driving but need to drive during any disqualification
It may be possible for you to apply for a work licence if you held an open licence at the time of the offence, are charged with low or mid-range drink driving and had no suspensions of your licence in the last 5 years but this must be done at the time you appear in the Court to plead guilty, it cannot be done afterwards. You cannot apply for a work licence if you are charged with high range drink driving (driving under the influence). Please see our section on work licences for further information or check out the most comprehensive guide to apply for a work licence on the internet.
A work licence only allows you to drive for work purposes you cannot get a work licence or hardship licence to be able to drive for person reasons i.e. driving your children to school. In Queensland a period of disqualification must be imposed and so if personal driving is critical all you can do is try and minimise the disqualification period as much as possible.
Well thought out submissions and arguments before a Magistrate can in our experience significantly reduce the length of your disqualification. There are a number of factors that can lead a Magistrate to impose the lowest penalty possible, we know them all.
I wasn’t driving the vehicle but I was arrested for being in charge of a motor vehicle
You can be charged with drink driving being in charge of a vehicle if you had control of the motor vehicle for example if you were in the driver’s seat and had the keys near you even if you were not driving or had no intention of driving. Often this occurs when people are in the car waiting to be picked up, in the car wanting to find something or just sleeping.
It does not matter that the car was not on a road. You can be charged with drink driving even if the car was on private property such as a car park or driveway.
Are there defences to a drink driving charge?
Most defences to a drink driving offence have now gone. The police must conduct the breath or blood test within 3 hours of you driving and it must be conducted in accordance with the law.
If you are charged with a failure to provide a breath sample then it is a defence to this charge to prove that due to a physical condition you were unable to provide a sufficient specimen of breath. This is a very technical area of the law and if you think you have a defence you should contact us.
Will I get a criminal record?
No all traffic convictions are just that, traffic convictions, they are not considered to be criminal charges. The Courts are unlikely not to record a conviction unless specific evidence is placed before it that a traffic conviction will harm you in some way. It should be noted however that overseas travel may be more difficult or impossible if a conviction for a DUI is recorded, especially to Islamic countries or the United States or Canada
What will happen in Court?
We have a great article on appearing in Brisbane Court for drink driving charge that will give you more information.
In general terms, drink driving matters are dealt with “summarily”, which means that they are dealt with in a Magistrates Court. The different Magistrates Courts across Queensland deal with drink driving offences on their own or as part of a general, criminal law “call-over”. This depends on the size of the court. For example, Brisbane Magistrates Court has a dedicated courtroom that only deals with traffic matters. In Maroochydore the majority of drink driving charges are heard on a Monday, in smaller, regional courts (which usually only have 1 courtroom) like Pine Rivers or Caboolture, you may find yourself in court with people charged with far more serious criminal offences. Regardless, when you are charged, the police will give you a notice to appear in court or give you bail to appear in court on a specific date. The addresses of all Queensland Magistrates Courts can be found by clicking here.
In addition to the date, you will also be advised of what time you must be at court. Generally, you will be told to be at court at 8.30am or 9.00am (again, depending on the court). While you must be at court at this time, your matter will not be heard immediately. Instead, the court and the police prosecutor work together to decide the order in which matters will be heard that day. As a rule, anyone who has legal representation will be heard first, followed by everyone who is representing themselves.
When does the disqualification begin?
The disqualification starts immediately. You would not be able to drive once you leave the Court. If your licence was immediately suspended because you were a mid or high range drink driver then the court will take into account the time you have been suspended but the disqualification period the court sets starts from the court date.
Will I need to fit an Interlock to my car?
You will be required to have an interlock device fitted to your vehicle for the period of one year once you are eligible to obtain your driver’s licence back if you are charged with high range drink driving (DUI or UIL) or this is your second drink driving charge within 5 years. The Court has no discretion to exempt you from an interlock if this applies to you as it is a Queensland Transport licencing requirement. This is an area that is subject to constant change, for more information visit their website.
What happens after my disqualification period?
After the period of disqualification has ended you will need to attend Queensland Transport and reapply for your licence. You cannot simply start driving after your disqualification period has ended.
After you have been disqualified for a drink driving offence you will be on a probationary licence for one year, this means that;
- You have only 4 demerit points available
- You have a zero alcohol limit for 1 year
You do not have to re-sit any tests to get your licence back if you were licenced at the time of the offence.
During your disqualification you cannot drive any motor vehicle for any reason. If you do drive then you can be charged with disqualified driving which is a very serious charge.
Should I get a Traffic Lawyer to represent me?
In a word, yes this is not an offence where you should simply turn up to the Brisbane Court without a lawyer. The consequences and penalties the Court may impose are too serious not to seek to minimise the penalty by having a drink driving lawyer with you.
If you have a bad traffic history, have previously been convicted of drink driving or are charged with mid or high range drink driving offence then a DUI or drink driving Lawyer is critical. We get 3-4 calls a week from people who represented themselves in court and received extremely harsh penalties and need to try and appeal the result. In most cases an appeal is not possible or if it is will cost a huge amount for the legal fees. It is better to have a lawyer from the start to minimise the drink driving penalty.
What Courts we appear in
We appear in the following Magistrate Courts in the Brisbane region for DUI and Drink Driving charges;
Our Local Offence
Bluedog Business Centre
Level 1, 16 McDougall Street, Milton 4064
Please always phone ahead to book an appointment, due to COVID we can’t accept walk in clients at the current time.
Every one of our lawyers is extremely experienced appearing in the Brisbane Courts every week representing people on a huge range of traffic DUI and Drink Driving charges.
Belinda Smyth – Client Services Manager
Between our lawyers we have appeared in court thousands of times representing clients with drink driving charges throughout Brisbane.
Since 2010 we have been representing people throughout the Brisbane region who have been charged with a DUI or Drink Driving charge and need a good traffic lawyer to represent them.
Our client often come to us nervous, worried and needing answers. This is not a time for uncertainty over your future nor the costs you will pay.
We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence.
We are 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 no other Brisbane law firm can match our prices and experience. While we will never be the cheapest we do offer the best value in our opinion.
Our prices include;
- full preparation for court and devising strategy to minimise penalty
- negotiations with the police prosecution unit including obtaining traffic history and charge documents
- drafting submissions for the court
- advising you on how to obtain character references
- all telephone calls, faxes emails and meetings with you
- detailed information to you on the likely penalty and information on what will happen at court and afterwards
- appearing in the court with you to conduct your guilty plea
To see what we will for a guilty plea for a criminal charge click here. If you are wishing to plead not guilty or the charge is very serious we will provide a fixed price written quote.
What areas of traffic law we undertake
- Drug Driving
- Drink Driving
- Careless Driving
- Dangerous Driving
- Unlicensed Driving
- Disqualified Driving
- Vehicle Forfeiture
- Work Licences
- Hardship Licences
- Driving 40km/h over Speed Limit
- Removal of Disqualification
- Evading Police
Why should I choose you and not just represent myself?
Just some reasons include;
- we know the Magistrates and what they want to hear to give you the lowest disqualification period and penalty
- we have good relationships with the police prosecutors meaning we can often have them support a work licence application or minimum disqualification submission
- we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
- engaging us shows the court you are taking your charges seriously
- your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
- you will be fully informed of what is to happen in court and what this means for you after court
- unlike the police or the magistrate, we are there to look after you, your privacy and your interests
Links that may be of assistance
How to get in Contact with us if you need a Brisbane Lawyer?
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
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. They have 40 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 drink driving charge, all at no cost.
If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. 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 thousands of courts appearances between them and they know the Brisbane courts and the Magistrates and Judges.
More Drink Driving Information
- Top 5 Drink Driving Myths
- The Essential Guide to Obtaining a Work Licence
- Drink Driving on a Lime Scooter
- How Drink Driving Matters are Heard in Queensland
- What happens after your drivers licence is disqualified?
- Refusing a Breathalyser Test in Queensland
- Can you commit a drink driving offence in your driveway?
- Immediate suspension for drink driving
- Case Study - High Range Drink Driving and Disqualified Driving
- Three High Range Drink Driving Charges
- Special Hardship Orders v Work Licences
- High Range DUI
- Going through a drink driving charge in Brisbane Magistrate Court
- DUI Charges