Queensland DUI Drink Driving Laws & Penalties
Queensland Drink Driving Penalties vary subject to your Blood Alcohol Concentration reading, any previous history of this type of offending, along with whether or not there was a collision and any injuries or death.
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Queensland DUI Drink Driving Legislation
The charge of Drink Driving is considered by the Magistrates Courts of Queensland to be one of a contempt for the laws of Queensland, one which shows that the particular person in question believes that 'the laws do not apply to them'.
DUI penalties, and the Magistrates' application of those penalties, in Queensland reflect this.
In the instance where a person charged with Drink Driving represents themselves, or appears at court with a lawyer who does not specialise in Qld Drink Driving Law, the Magistrate will only hear a comprehensive set of submissions from the Police Prosecutor, and they will be exposing themselves to greater Qld DUI penalties.
It is impossible for an unrepresented person, or a lawyer who practices in multiple areas of law, to be as well versed in the DUI penalties and laws of Queensland as a Traffic Court Prosecutor.
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Accordingly, if you value your licence, along with the employment and lifestyle which it affords, you too need a specialised Drink Driving Lawyer & DUI Lawyer.
A first time Drink Driving or DUI offender with a Blood Alcohol Concentration (BAC) of 0.099 or less faces a maximum Qld DUI penalty of a driver's licence disqualification of 9 months, with a mandatory minimum driver's licence disqualification of 1 month for open driver's licence holders, and 3 months for persons driving on a driver's licence which requires a Blood Alcohol Concentration (BAC) of zero.
A first time DUI offender with a Blood Alcohol Concentration (BAC) of between 0.100 and 0.149 faces a DUI penalty of a maximum driver's licence disqualification of 12 months, with a mandatory minimum driver's licence disqualification of 3 months.
DUI Drink Driving Work Licence
Open Queensland driver's licence holders with a Blood Alcohol Concentration (BAC) of 0.149 or less who have not previously lost their driver's licence within the proceeding 5 years will be eligible to apply for a special Drink Driving DUI Work Licence, which will allow them to continue driving for work purposes only during their driver's licence disqualification period.
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That said, simple eligibility does not equate to a successful Drink Driving DUI Work Licence application.
A number of factors need to be thoroughly and comprehensively addressed by way of sworn Affidavit materials, and the fact that a person will suffer financial hardship is only one of them.
Our DUI Drink Driving Lawyers successfully get eligible clients special DUI Drink Driving Work Licences every day - we have never (that’s right - never) had an application refused.
Get a free no obligation case assessment by clicking on the button below, or call specialised DUI Lawyer & Drink Driving Lawyer Andrew Wiseman on 1300 947 352.
High Range DUI Drink Driving Penalties
The DUI penalties for a first time Drink Driving DUI offender with a Blood Alcohol Concentration (BAC) of 0.150 or more include a maximum driver's licence disqualification of a lifetime driver's licence disqualification, with a mandatory minimum driver's licence disqualification of 6 months.
The higher the Blood Alcohol Concentration (BAC), the higher the driver's licence disqualification.
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A first time offender who has been charged with failing to provide a specimen of breath faces a DUI penalty of a maximum driver's licence disqualification of a lifetime driver's licence disqualification, with a mandatory minimum driver's licence disqualification of 6 months.
Repeat DUI Drink Driving Penalties
A repeat Drink Driving DUI offender faces up to a maximum driver's licence disqualification of a lifetime driver's licence disqualification, depending upon the number of previous charges, and the Blood Alcohol Concentrations (BAC) in each instance, with a mandatory minimum driver's licence disqualification of 3, 6, 9 or 12 months, again depending upon the number of previous charges, and the Blood Alcohol Concentrations (BAC) in each instance.
A person who is convicted of a High Range Drink Driving offence faces DUI penalties including, if during the period of 5 years before conviction the person has not been previously convicted, licence disqualification for a period of no less than 6 months, with no maximum.
If within the period of 5 years before such conviction the person has been previously convicted of High Range Drink Driving, the person faces DUI penalties including licence disqualification of no less than of 1 year.
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If within the period of 5 years before such conviction the person has been previously convicted more than once of High Range Drink Driving, the person faces DUI penalties including licence disqualification of no less than 2 years from the date of such conviction.
A person who is convicted of Low or Mid Range Drink Driving faces Qld Drink Driving penalties including, if the holder of a zero blood alcohol licence, licence disqualification for a period of not less than 3 months and not more than 9 months. If over 0.100, for a period of not less than 3 months and not more than 12 months from the date of the conviction from holding or obtaining a Queensland driver licence. In any other case, for a period of not less than 1 month and not more than 9 months.
You v Experienced Traffic Court Prosecutor
When you go to court, you will be facing a Police Prosecutor who practises in nothing but Drink Driving DUI & Traffic Law, all day every day.
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