Have you received a charge sheet from the police?

What is a drink driving offence?

Our Brisbane drink driving lawyers can assist with all drink driving offences including:

• Driving over the general alcohol limit but under the middle alcohol limit (DUI)

• Driving over the middle alcohol limit but under the high alcohol limit (DUI)

• Driving under the influence of liquor (UIL)

• Failing to provide a sample of breath when required

Significant penalties apply for anyone driving over the legal alcohol limit or with a relevant drug present in their system, including long periods of disqualification of driver's licence and terms of imprisonment for repeat offenders. In certain circumstances, you may also be subject to the interlock condition, which means at the end of any disqualification period, you will need to install an interlock device before being able to drive again.

What are the possible outcomes for a drink driving charge?

A range of sentencing outcomes for a drink driving charge is available to the Court including:

• Fines

• Probation

• Community service

• A suspended term of imprisonment

• Actual imprisonment

• Licence disqualification

Other possible consequences include:

• Vehicle impoundment

• Alcohol ignition interlock requirement

• Being issued a probationary licence with driving restrictions

• Requirement to complete the traffic offender’s program

• Loss of employment

• Social and family consequences

Queensland drink driving limits 

No alcohol limit

Your blood alcohol concentration (BAC) must be 0.00 to legally drive. It is an offence to drink and drive if you have alcohol in your system and you fall within one the following categories:

• You hold a learner licence

• You hold a provisional, probationary or restricted licence

• You have a class RE motorbike licence and you have held that licence for less than 12 months, or you are learning to ride a class R motorbike

• You drive a tractor or a specially constructed vehicle

• You drive a truck, a bus, articulated vehicle, road train, a vehicle carrying dangerous goods, a tow truck, pilot vehicle, taxi, limousine or driving instructor vehicle

• You are unlicensed

General alcohol limit 

If you do not fall within one of the above driving categories, you may legally drive if your BAC is not 0.05% or over, which is the general alcohol limit. You should be on your open licence and have no other existing driving restrictions.

You exceed this limit if the concentration of alcohol in your blood/ breath is equal to or more than 0.05 but less than 0.10

Mid-range drink driving 

You exceed this limit if the concentration of alcohol in your blood/ breath is equal to or more than 0.10 but less than 0.15

High range drink driving

You exceed this limit if the concentration of alcohol in your blood/ breath is equal to or more than 0.15

Can I still drive for work?

If you are charged with drink driving and wish to apply for a restricted licence (work licence), the BAC must be less than 0.15%. There are other requirements such as not being convicted of drink driving or similar during the last five years.

A work licence permits you to drive for work purposes during the disqualification period for a drink driving offence. The process involves preparing an application and the supporting material including your affidavit and that of an employer if relevant. The material is then filed in the court and served on the prosecutor. The application will be heard at the same time you appear for the drink driving charge.

Generally, if you intend to apply for a work licence, our DUI lawyers in Brisbane will indicate this to the court at the first court date for the drink driving charge, whereby the court will adjourn the case to a future date so that more time can be allocated to hear your matter. This will usually be a few weeks.

If a work licence is granted, there will be conditions attached such as the class of vehicle you may drive, the times you may drive, and the purposes you may drive for. You may also need to complete a logbook.

Just because you need to drive for work, does not mean that you will be eligible for a work licence. The eligibility criteria is very specific.

Amongst other matters, you will need to satisfy the court that:

• You are a fit and proper person to hold a work licence, having regard to the safety of other road users and the public generally; and

• A refusal would cause extreme hardship to you or your family by depriving you of your means of earning your livelihood

To be successful in a work licence application:

1.    We will obtain and consider the evidence from the prosecutor. This will initially include their fact sheet (Qp9), traffic history, criminal history, and the breath analysis certificate. We will take your instructions on the material as to what you agree and disagree with, and can discuss the material with the prosecutor if there is anything you disagree with or which needs clarification. This is important prior to you deciding whether to plead guilty or not guilty. This is because the facts are those which you accept before the court if you plead guilty, and will be the facts upon which the court will decide the sentencing outcome.

2.   We will work closely with you to thoroughly understand your background and personal situation, including your work, social, health, and family requirements.

3.   We will complete the required material for you  including the Application for a Restricted Licence, and the supporting material. This includes your affidavit, an employer affidavit, and character references from family and friends. The material will demonstrate that you are a fit and proper person, and a refusal would cause extreme hardship.

4.   We will appear in court for you and argue the application on your behalf. Whilst you will need to be present with us, you will not need to do or say anything as we will represent you.

It is important to not rely solely on a standard template when completing the affidavit material. It is crucial for the court to understand your specific circumstances. We will spend the time to get to know you and tailor the material and arguments in your favour.

Our experienced traffic offence lawyers regularly appear in the Magistrates Court for these applications and so we are familiar with the prosecutors and the court process, and understand what arguments will be persuasive to the court.

What if you’ve received a drink driving charge?

It is important to seek legal advice early from a drink driving lawyer.

Once retained, the first step for any traffic offence is for our office to obtain the relevant paperwork from the prosecutor. This includes the Queensland Police Form 9 (Qp9) which summarises the allegations against you. It is important to check these facts before you decide whether to plead guilty or not guilty. We will also request a copy of your traffic history from the prosecutor. Once this material is obtained, we can provide specific advice to your case including the options, prospects, and the likely outcomes.

In suitable cases we can also negotiate with the prosecutor on your behalf to discontinue the charge or reduce the penalty.

Because drink driving charges are common, some people assume that they can represent themselves. However, the courts take these charges very seriously because they are prevalent and are a danger to road safety. The consequences of a drink driving charge can be severe. Therefore, it is crucial to seek legal advice early to discuss whether you need legal representation for a drink driving charge.

At Ashworth Lawyers, we also have expertise in other traffic offences, including:

• Dangerous operation of a motor vehicle causing death or grievous bodily harm

• Driving without due care and attention (careless driving)

• Drug driving 

• Disqualified driving 

• Unlicensed driving 

• Failure to stop (evading police)

Our traffic lawyers also regularly appear in court for:

• Special Hardship Order Applications

• Work Licence Applications

For more information about our other traffic expertise, check out our Brisbane traffic lawyers page here or contact us today to speak with an experienced lawyer who will work tirelessly to achieve the best outcome for your case.