Have you been charged with drink driving?
Here's what you need to know...
Drink driving is a serious offence in QLD. If you are found guilty, you will lose your licence, you will be issued with a substantial fine and you could be sentenced to up to 9 months prison, even if this is your first offence.
Will I have to go to Court?
If you have been charged with drink driving in Queensland you will be required to attend a hearing at the Magistrates Court. At the hearing you will be asked to enter a plea in relation to the charges that have been made against you. If you plead guilty, it is likely that the Magistrate will hand down your sentence at the hearing.
Do I need a lawyer?
If you are charged with a DUI in QLD you are entitled to represent yourself at a hearing, however, unless you are experienced with the laws and Court processes and procedures it can be an overwhelming and stressful experience. If you plead guilty, you will only have a brief opportunity to provide the Magistrate with information that will impact on the sentence the Magistrate chooses to hand down. Knowing what to say can depend on many factors and being prepared is essential to ensure you receive the minimum penalty. Having an experienced QLD DUI lawyer will increase your chances of obtaining the minimum penalty, or, in some situations, avoiding a penalty altogether.
Should I represent myself for drink driving charges?
While it is possible to represent yourself for DUI charges in Queensland it is not advisable to do so, due to the sever penalties that are likely to be incurred. However, if you do plan to represent yourself, we have included some tips for representing yourself in court.
Tips if you are representing yourself
If you plan to represent yourself at the a DUI hearing in Queensland, you will need to be prepared. The following are some simple tips to ensure you prepare adequately if you decide to represent yourself:
- be on time;
- do not wear a hat or use a mobile telephone while you are in the Courtroom;
- stand when the Magistrate is talking to you, or if you are addressing the Magistrate;
- only speak when you are asked a question;
- have written references to hand up to the Magistrate that discuss your character and how this charge is out of character for you;
- give the Magistrate details of your finances, so that they can consider this when they are issuing you with a fine;
- outline the impact that a loss of licence will have on you, your job or family life;
- do not argue with the Magistrate about the penalty; and
- do not leave the bar table until you are excused.
Representing yourself in Court is a risk. Before taking that risk, give GC Crime Lawyers a call on 1300 127 463 to discuss the seriousness of your charges. We offer fixed rate fees for Gold Coast drink driving charges and with a Gold Coast drink driving lawyer you will have the best opportunity of minimising the penalties.
What penalties could I face?
Drink driving penalties depend on the seriousness of the charges. There are three different levels of drink driving charges: low-range, mid-range and high-range. Each category has different DUI penalties if convicted.
Low Range Drink Driving Penalties
You will be charged with low range drink driving if you are found to have a Blood Alcohol Concentration (BAC) of between 0.05% and 0.10% while you are in control of a vehicle. If you are found guilty and it is your first offence, low range DUI penalties can include:
- the loss of your licence for up to nine months;
- a fine of up to $1,706;* and
- a term of imprisonment for up to three months.
It’s worth pointing out here that if you hold a provisional or probationary licence, you can face a low range drink driving penalty if you are found to have any alcohol in your blood at all, even less than 0.05%. As a result, you will be subject to the same low range drink driving penalty.
Committing a second low range DUI offence within five years can result in a higher penalty. If you are found guilty of a second offence within a 5 year period, the Magistrate may sentence you to the following penalties:
- the loss of your licence for a further period of up to two years;
- a six month prison sentence; and
- a fine of up to $2,438.*
Further offences within a 5 year period can lead to even more severe penalties, including:
- a further period of two years licence disqualification;
- up to nine months imprisonment;
- a fine of up to $3,413;* and
- as with all drink driving offences, you face the potential of having an alcohol ignition interlock fitted to your vehicle for 12 months.
Mid Range Drink Driving Penalties
A mid range QLD DUI penalty will be applied when a person is found to be in charge of a vehicle with a BAC of between 0.1% and 0.15%. The mid range DUI penalties may include:
- a prison sentence of up to six months;
- a fine of up to $2,438;* and
- a licence disqualification period of between three and twelve months.
If you are convicted of a second DUI offence within a five year period and your blood alcohol content is in the mid range, a combination of the following penalties may be ordered as the overarching mid range drink driving penalty:
- a term of imprisonment of up to nine months;
- the mandatory loss of your licence for a minimum period of three months, which could be up to eighteen months depending on a range of factors; and
- a fine amounting to up to $3,413.*
High Range Drink Driving Penalties
Obviously, high range drink driving is the most serious of all DUI violations and, accordingly, a high range drink driving penalty is the most severe. Drivers found to have a BAC in excess of 0.15%, or those who have refused to give a blood alcohol sample, high range DUI penalties can include the following:
- a nine month prison sentence;
- a fine of up to $3,413;* and
- a minimum six month licence disqualification.
Significantly, a second high range DUI offence within a five year period can result in even higher penalties, including:
- a term of imprisonment of up to 18 months;
- a fine of up to $7,314;*
- an order that your car be impounded; and
- a licence disqualification for a minimum period of twelve months.
Any further high range DUI offence within a five year period, under QLD law, will mean a compulsory driving licence disqualification for a minimum period of two years, which could be for up to a lifetime and a term of imprisonment.
Special Exemptions – QLD work licence information
Clearly, DUI penalties in Queensland, and specifically the loss of your licence, can have a serious impact on your work, your family and of course, can cause severe emotional trauma, putting you under extreme stress to the point where it can affect your physical health.
Within the different ranges, the DUI penalty can vary greatly depending on the circumstances of the offence and the quality of your representation in court. For example, in the case of a low or mid-range offence, if you need to drive for work, you may be eligible to apply for a QLD drink driving work licence. There are strict requirements for applying for a Queensland DUI work licence, for example, among other requirements, you must not have had a licence disqualification in the previous five years. Further, this must be requested during the court appearance and how well your lawyer handles this on your behalf will greatly influence the outcome.
Appeal a drink driving sentence
Appealing a drink driving sentence is not straightforward and the process demands sound legal knowledge and experience of court procedure. However, an appeal by a good legal team could reduce the penalties you face, you may possibly escape a drink driving conviction altogether.
Should you find yourself in trouble with the law over any driving violation, the best advice is to get in touch with a Gold Coast DUI lawyer straightaway in order to minimise any penalties and the very real impact a criminal conviction can have on other areas of your life. Contact GC Crime Lawyers on 1300 127 463.
*Penalty unit fines in the Queensland jurisdiction can be worked out by multiplying $121.90 by the number of penalty units, e.g., 14 penalty units is equivalent to 14 X 121.90 = $1706.