In Queensland, the penalty range for DUI otherwise known as Drink Driving fluctuates depending on a number of factors, including but not limited to the Blood Alcohol Reading, as well as the presence of any previous DUI or Drink Driving offending.

DUI and Drink Driving penalties in Queensland generally include a period of licence disqualification and a fine, but can also include periods of Probation, Community Service, an Intensive Correction Order, a Wholly Suspended term of Imprisonment, Imprisonment with Immediate Parole, or a term of actual Imprisonment.

To read more about Probation, click here

To read more about Community Service, click here

To read more about Intensive Correction Orders, click here

To read more about Wholly Suspended terms of Imprisonment and Immediate Parole, click here

It would be highly unusual for a first time DUI or Drink Driving offender to receive any form of imprisonment where there was no injuries caused, that said, imprisonment is technically an option available to the Magistrate even for a first time low range DUI or Drink Driving offence.

Persons who are particularly concerned about the duration of the licence disqualification which they will receive should make contact with a lawyer who specialises in DUI and Drink Driving offending. The team at Wiseman Lawyers appear in Queensland courts day in day out representing clients charged with DUI and Drink Driving matters.

Simply getting a generalist lawyer or the lawyer who did your Mum’s conveyancing is not sufficient, you need a lawyer who appears before Magistrates on a daily basis, a lawyer who is familiar with the idiosyncrasies of each Magistrate, and a lawyer who the Magistrates know and deal with on a regular basis.

The penalty range faced by a first time low range DUI or Drink Driving offender will depend upon the type of licence they hold and the blood alcohol reading which they blew.

Low range DUI or Drink Driving is any reading from 0.050 to 0.099.

Open licence holders face a licence disqualification of 1 to 9 months.

Provisional licence holders face a licence disqualification of 3 to 9 months.

Given Provisional licence holders must maintain a blood alcohol reading of zero when driving, the 3 to 9 month licence disqualification range applies to any reading from 0.001 to 0.099.

Low range DUI Drink Driving also carries a maximum fine of 14 penalty units, along with 3 months actual imprisonment.

An offender levy also applies to all persons sentenced for DUI or Drink Driving.

To see the current value of a penalty unit, click here

To see the current value of the offender levy, click here

The penalty range faced by a first time mid range DUI or Drink Driving offender will also depend upon the blood alcohol reading which they blew.

Mid range DUI or Drink Driving is any reading from 0.100 to 0.149.

Both Open and Provisional licence holders face a licence disqualification of 3 to 12 months.

Mid range DUI Drink Driving also carries a maximum fine of 20 penalty units, along with 6 months actual imprisonment.

The penalty range faced by a first time high range DUI or Drink Driving offender will also depend upon the blood alcohol reading which they supplied.

High range DUI or Drink Driving is any reading from 0.150 or above.

Both Open and Provisional licence holders face a licence disqualification of 6 months to a lifetime licence disqualification (an absolute licence disqualification).

High range DUI Drink Driving also carries a maximum fine of 28 penalty units, along with 9 months actual imprisonment.

The penalty range faced by a repeat DUI or Drink Driving offender will depend upon both the blood alcohol reading which they blew, along with the readings which they blew on previous occasions within the preceding 5 years.

For example, a low range DUI or Drink Driving offender who has previously blown low or mid range within the previous 5 years faces a 3 to 18 month licence disqualification, along with the penalty units and imprisonment mentioned above.

Whereas, a low range DUI or Drink Driving offender who has previously blown high range within the previous 5 years faces a minimum 9 month licence disqualification, with a lifetime maximum, along with the penalty units and imprisonment mentioned above.

A low range DUI or Drink Driving offender who has twice previously blown low or mid range within the previous 5 years faces a minimum 6 month licence disqualification, with a lifetime maximum, along with the penalty units and imprisonment mentioned above.

Please note, actual imprisonment is a live option for persons charged with repeat DUI or Drink Driving.

Where an Open Queensland licence holder has been charged with low or mid range DUI or Drink Driving, they may under certain circumstances be eligible to apply for a work licence.

A work licence allows the DUI or Drink Driving offender to drive for work purposes only during their licence disqualification.

To be eligible to apply for a work licence, the person charged with DUI or Drink Driving must have been the holder of an Open Queensland licence when intercepted, they must not have previously lost their licence for any other reason (except a SPER suspension) within the previous 5 years, they cannot have been driving for work purposes when intercepted, and they must be employed or self-employed in a driver’s licence dependent role.

Please note, simple eligibility does not equate to the automatic granting of a work licence.

There are a number of legal hurdles which must be addressed and overcome before a Magistrate will even begin to consider the granting of a work licence.

If you have been charged with DUI or Drink Driving and you are employed or self-employed in a driver’s licence dependent role, it is vital that you seek appropriate and specialised legal advice before you finalise the matter.

Please note, a work licence must be applied for prior to the finalisation of your underlying DUI or Drink Driving charge, and if you attempt an application by yourself and fail, it is very difficult to have the application reviewed.

If you have been charged with DUI or Drink Driving and you would like specialised and dedicated representation for your matter, do the wise thing and call Andrew Wiseman and the Wiseman Lawyers team today for your free no obligation consult on 0420102404.

Alternatively, email Andrew Wiseman directly at andrew@wisemanlawyers.com.au