In Queensland, the penalty range and mandatory penalties vary from one drink driving offence to another. Further, there are several factors that can impact on the mandatory penalties for any given drink-driving offence, such as the type of licence a person holds and their traffic and criminal history.
A key thing to remember is that it is not a requirement for a person to be driving to be charged with a drink driving offence. Drink driving offences may apply to any person who, whilst over any relevant alcohol limit, does any of the following:
- Drives a motor vehicle
- Attempts to put in motion a motor vehicle; or
- Is in charge of a motor vehicle.
A person may be considered to be in charge of a motor vehicle even if they are asleep in their vehicle. Whether a person is ‘in charge’ will depend on the given circumstances of any case. For the purpose of this article, the word ‘drive’ will be used to encompass all of the above.
Alcohol Limits
In Queensland, there are four alcohol limits:
Zero Alcohol Limit: Any reading above zero will exceed this limit
General Alcohol Limit: Any reading of 0.05 or higher will exceed this limit
Middle Alcohol Limit: Any reading of 0.10 or higher will exceed this limit
High Alcohol Limit: Any reading of 0.15 or higher will exceed this limit
If you are the holder of an open Queensland licence, and you are not subject to an interlock order or any other order or conditions impacting the legal limit you must remain within, then the general alcohol limit is the legal limit for you.
If you are the holder of a learners, P1/P2 provisional, probationary or restricted licence, the zero alcohol limit applies to you. The same applies to all licence holders driving:
- Truck (any vehicle with a GVM exceeding 4.5 tonne)
- Bus
- Articulated motor vehicle
- Vehicle carrying a placard load of dangerous goods
- Taxi, limousine or other ride-share vehicle
- Tow truck
- Specially constructed vehicle; or
- Any vehicle whilst that vehicle is being used to provide driver training by a driver trainer
Driving Under the Influence (High-Range Drink Driving)
In order to be convicted of driving under the influence, police must prove that you drove whilst your blood alcohol concentration (BAC) exceeded the high alcohol limit (0.15).
The offence carries a maximum penalty of 28 penalty units or 9 months imprisonment for first-time offenders. A person convicted of this offence must be disqualified from holding or obtaining a driver licence for a minimum period of 6 months for a first offence. The maximum penalty increases to 60 penalty units or 18 months imprisonment for a second offence in a five-year period, and the mandatory minimum disqualification period goes up to 12 months.
If you are convicted of high-range drink driving for a third time in a five-year period, the penalty imposed must include a term of imprisonment, and the mandatory minimum disqualification period goes up to 2 years.
If you are charged with high-range drink driving, your licence will be immediately suspended until your court date. If you drive during this period, you may be charged with an offence.
You are not eligible to apply for a work licence if you are charged with high-range drink driving.
Driving whilst over the middle alcohol limit (mid-range drink driving)
You will be charged with this offence if you are caught driving whilst your blood alcohol concentration exceeds the middle alcohol limit (0.10).
The maximum penalty for this offence is 20 penalty units or 6 months imprisonment. The offence carries a mandatory minimum disqualification period of 3 months for a first or second offence in a five-year period, and 6 months for a third or subsequent offence in a five-year period.
If, within a five-year period, you have been convicted of a high-range drink driving offence, the mandatory minimum disqualification period is 9 months.
If you are charged with mid-range drink driving, your licence will be immediately suspended until your court date. If you drive during this period, you may be charged with an offence.
If you have been charged with mid-range drink driving, you may be eligible to apply for a work licence.
Driving whilst over the general alcohol limit (low-range drink driving)
You will be charged with low-range drink driving if you are caught driving with a blood alcohol concentration exceeding the general alcohol limit (0.05).
This offence carries a maximum penalty of 14 penalty units or 3 months imprisonment. If you are convicted of this offence, you must be disqualified for a mandatory minimum period of 1 month. The minimum disqualification increases (up to 1 year) if you have certain convictions within the last five years.
If you are charged with low-range drink driving, your licence will be immediately suspended for a period of 24 hours.
Driving whilst over the no alcohol limit (zero alcohol limit)
It is an offence for certain licence holders to have any alcohol in their system when they are driving or in charge of a motor vehicle. Further, it is an offence for any person to drive or be in charge of certain vehicles whilst over the zero alcohol limit. This offence carries a maximum penalty of 14 penalty units or 3 months imprisonment.
This offence carries a mandatory minimum disqualification of 1 or 3 months, depending on the type of licence held by the driver, and their history.
Failing to provide a sample
If a person refuses to provide a sample for analysis after being directed by police to do so, they may be charged with an offence.
The offence carries a maximum penalty of 40 penalty units or 6 months imprisonment.
Refusing to provide a sample at the roadside is a separate offence to refusing to provide a sample at the police station (or at the hospital). The latter carries a mandatory minimum disqualification of 6 months. There is no mandatory disqualification for the former.
If a person has a medical condition which makes them unable to provide a certain type of sample/specimen, they must carry with them at all times a letter from their doctor stating this, and that letter must be provided to police immediately after a person refuses to provide a sample.
There are a number of defences that may be available to you.
All drink-driving matters are heard in the Magistrates Court.
To the best of our knowledge, the information in this article is correct at the time it was written, however it is subject to change. Every case is different, and this article should not be considered legal advice. Instead, why not get advice tailored to your matter? Call us today for a free consultation.