BRISBANE: Third DUI Drink Driving In 5 Years & Breach of Interlock Condition

I appeared at Brisbane Magistrates Court again this morning, to represent a client charged with their third DUI Drink Driving offence in 5 years, as well as driving a vehicle without an Interlock when required.

Given my client had 2 previous DUI Drink Driving convictions within the last 5 years, every vehicle which they operate within the first 12 months after regaining their licence must have an Interlock device installed.

An Interlock device is effectively a breathalyser hardwired to the persons vehicle, which prevents the vehicle from starting unless breath containing zero blood alcohol is blown into it.

Given my client had lost their licence twice within the 5 years prior, they were not eligible to apply for a Work Licence.

That said, given this was their third DUI offence in such a short time frame, and given it was coupled with an unlicensed type offence, my client did face the very real possibility of imprisonment.

Accordingly, my role was one of avoiding imprisonment, as well as getting the disqualifications down as low as possible, as opposed to applying for a Work Licence.

My client faced a maximum penalty for their DUI offence of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units. 

For failing to have an Interlock device installed, my client faced a further lifetime driver’s licence disqualification and 28 penalty units.

Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.

A penalty unit in Queensland is currently valued at $113.85.

Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $107.10.

I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.

I also prepared detailed written submissions of the relevant case law and legislation.

I was able to persuade the Magistrate not to imprison my client.

Further, as the Police had made an error in their paperwork, I was able to persuade the Magistrate to ignore the two previous Drink Driving convictions in deciding the penalty.

My client received a 6 month driver’s licence disqualification and a $500 fine.

My client was extremely relieved.

Wiseman Lawyers specialise in Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers