#penalties for drink driving qld

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Guide to Understanding the Penalties for Drink Driving

Drink Driver Lawyer presents the ultimate guide to understanding the penalties for drink driving. From fines to license suspension and even imprisonment, our comprehensive guide covers everything you need to know about the legal ramifications of driving under the influence of alcohol. Stay informed and avoid the consequences with Drink Driver Lawyer.

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First time drink driving penalties in Qld?

If you have been caught drink driving, and it is your first offence then the maximum suspension periods range from three months to 12 months with maximum fines ranging from $2012 to $4025.

If you are on a learner, probationary or provisional licence then you are on a no alcohol limit. The penalties for breaching the no alcohol limit include a maximum suspension of nine months, a maximum fine of $2012, and a possible term of imprisonment for up to three months.

Any drivers who are caught with a BAC of over 0.05 but under 0.09 has committed a low range offence and can expect to receive a maximum suspension of nine months, a maximum fine of $2012, and if warranted the magistrate may order a term of imprisonment of up to three months.

A mid-range offence occurs when the BAC level is 0.10 to 0.149. The maximum suspension period for a mid-range offence is 12 months, with a maximum fine of $2875, and a possible term of imprisonment of up to six months. 

A person whose BAC level is 0.15 or greater has committed a high range offence. The suspension period for a high range offence is at the magistrate’s discretion with no legislated maximum period but will not be less than six months. The maximum fine for a high range offence is $4025, and a term of imprisonment of up to nine months.

While terms of imprisonment are rare for first time drink driving offences the courts do order a jail sentence if they believe the offence warrants a harsher penalty.

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Drink Driving is Not Only for Cars

Is Drink Driving Only Applicable For Cars? Nope!

If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of current drink driving charges in Queensland. However, these are not the only forms of transport you are able to be caught drink driving with. 

Do you know the laws?

The Transport Operations (Road Use Management) Act 1995 (Qld) provides an array of different vehicles which will lead to an offense if drunkenly driven. In addition to the regular transport of cars, motorcycles, and trucks, drink driving charges may also arise from the operation of trams, trains, vessels, scooters, skateboards, and any other wheeled recreational device. However, the ‘vehicle offenses’ also relates to persons caught driving or in charge of a horse or any other animal on the road.

What Are the Consequences?

If you are found to be riding a horse with a blood alcohol concentration exceeding the legal limit, you are able to be charged and convicted of drink driving.

The maximum penalty for this offense is a $4000 fine or up to nine months imprisonment.

Although the severity of drink driving in public is serious, the maximum penalties are only enforced in the most severe circumstances. Regardless of what penalty is imposed, you will generally not have your license disqualified.

Read More: Criminal Law 

How to Avoid this in the Future?

Many people are simply caught out by these rules as they do not understand drink driving does not have to occur in a car or motorcycle alone. It is important to appreciate you are able to be charged whilst in charge of almost all forms of vehicular devices regardless of whether it has a motor.

Unfortunately for many people, these kinds of offenses often arise when their car license has already been disqualified and the person is using alternative means of transport. If caught drink driving on a disqualification period, this will significantly increase the penalty for any subsequent offense.

The point to be taken away is that if you need to go somewhere after you have had a few drinks, the best option is to have someone else drive you. If there are no alternate options, play it safe and simply walk.

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How the Alcohol Interlock Device Works in Qld

Drink driving is a serious cause for concern in Queensland, contributing to many car crashes every year. This is why drink driving laws are strictly enforced and convicted drink drivers are subjected to stiff penalties including licence disqualification and installation of alcohol ignition interlocks. How alcohol ignition interlocks work The logic behind ignition locks is […]

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