Low-Range Drink Driving
In Queensland, driving whilst over the general alcohol limit (but not over the middle alcohol limit), otherwise known as low-range drink driving refers to operating a vehicle with a Blood Alcohol Concentration (BAC) above 0.05% and below 0.1%. This offence is taken seriously due to its potential impact on road safety, as even minimal alcohol consumption can impair a driver’s reaction time and judgment.
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Note – In the above table, “Repeat Offence” refers to prior convictions for mid-range drink driving, low-range drink driving or driving with a relevant drug present
If a person has at least one conviction for driving whilst under the influence (high-range drink/drug driving) or dangerous operation of a motor vehicle in the previous 5 years, the mandatory minimum licence disqualification increases to 9 months.
If a person has more than one prior conviction, at least one of which is for driving whilst under the influence (high-range drink/drug driving) or dangerous operation of a motor vehicle in the previous 5 years, the mandatory minimum licence disqualification increases to 1 year.
These penalties underscore the gravity with which mid-range drink driving is regarded in Queensland.
Immediate Consequences Upon Charge
Upon detection of a BAC in the low-range bracket, drivers face immediate repercussions. Police will issue an automatic 24-hour licence suspension, effective from the time the BAC is confirmed through breath or blood analysis. In certain situations, such as pending drink driving charges or allegations of dangerous driving, an immediate suspension may remain in effect until the matter is resolved in court. It’s important to note that all low-range drink driving offences necessitate a court appearance; on-the-spot fines are not applicable in these cases.
Defending Against Low-Range Drink Driving Charges
Mounting a defence against low-range drink driving charges involves a meticulous examination of the evidence and circumstances surrounding the incident. Potential defences include:
- Faulty Breathalyser Results: Questioning the accuracy of the BAC reading due to device malfunction or improper calibration.
- Procedural Errors: Identifying any deviations from standard police procedures during testing or arrest that could invalidate the charge.
- Special Circumstances: Presenting mitigating factors such as medical conditions or emergency situations that necessitated driving under the influence.
Engaging an experienced traffic lawyer is crucial to navigate the legal complexities, potentially reduce penalties, or achieve a dismissal of charges.
Impact of a Conviction and Recommended Actions
A conviction for low-range drink driving can have far-reaching consequences, including a ] record that may affect employment prospects, insurance premiums, professional licences, and international travel plans. To mitigate these impacts:
- Refrain from Driving: Your licence is suspended immediately. Do not attempt to drive until legally permitted.
- Seek Legal Advice Promptly: Consult a qualified traffic lawyer with experience in drink driving cases to understand your rights and options.
- Prepare Mitigating Evidence: Gather character references, evidence of good conduct, or proof of participation in rehabilitation programs, such as the Queensland Traffic Offenders Program.
- Attend Court with Representation: Appear at your scheduled court hearing accompanied by your legal representative to effectively present your case and advocate for leniency.
Proactive measures and adherence to legal guidance can significantly influence the outcome of your case, potentially leading to reduced penalties and a more favourable resolution.
Possible Defences for Low Range Drink Driving
Typical defences include:
Procedural Error
Challenging how breath tests were conducted or samples were handled and processed.
Unsafe reading
possibility that the blood alcohol concentration could be lower when the person was driving, than later when tested by the police
Necessity Defence
Claiming urgent circumstances required driving despite low blood alcohol content levels.
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