Mid-Range Drink Driving
In Queensland, driving whilst over the middle alcohol limit (but not over the high alcohol limit), otherwise known as mid-range drink driving is defined as operating a vehicle with a Blood Alcohol Concentration (BAC) above 0.10% and below 0.15%. This level of intoxication significantly impairs a driver’s judgment, reaction time, and coordination, posing a substantial risk to road safety. Consequently, mid-range drink driving is treated as a serious offence under Queensland law, necessitating mandatory court appearances and the imposition of stringent penalties.
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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 being charged with a mid-range drink driving offence:
- Immediate Licence Suspension: Your licence will be suspended on the spot until the matter is heard in court.
- Mandatory Court Appearance: You are required to attend a Magistrates Court hearing; police are not authorized to issue on-the-spot fines for this offence.
- Potential Conviction: A conviction is probable, potentially affecting insurance premiums and employment opportunities.
Prompt legal consultation can assist in mitigating these immediate impacts and in preparing for court proceedings.
Defending Against Mid-Range Drink Driving Charges
Mounting a defence against mid-range drink driving charges involves a thorough examination of the incident’s circumstances and the evidence presented. Potential defences include:
- Faulty BAC Readings: Challenging the accuracy of breathalyser or blood test results due to equipment malfunction or improper calibration.
- Procedural Errors: Arguing that law enforcement did not adhere to proper testing protocols or legal procedures during the arrest.
- Special Circumstances: Demonstrating that exceptional situations, such as emergencies, justified the decision to drive.
Engaging an experienced traffic lawyer is crucial to identify viable defences and to negotiate for reduced penalties or dismissal of charges where applicable.
Steps to Take if Charged with Mid-Range Drink Driving
If you are charged with mid-range drink driving:
- 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.
Possible Defences for Mid-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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