Drink Driving Offences

Drink Driving Lawyers Townsville

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scales of justice - is drink driving a criminal offence

Is Drink Driving a Criminal Offence Or Traffic Offence?

Most people understand that DUI is an offence. However, most people are unaware that it can be a criminal offence. A magistrate will exercise their discretion to record a drink driving conviction.

Will a drink driving conviction always be recorded?

One of the considerations a magistrate will make is whether to record a conviction on your traffic history or not. Often a conviction will be recorded unless the magistrate is convinced it should not be. Convictions can create significant difficulties for people who, for example, are applying for a new job or who want to travel overseas. For this reason, it is obviously better to have no conviction recorded.

Penalties for Drink Driving in QLD

Anderson Telford Lawyers qualified team of criminal lawyers in Townsville and Mt Isa Drink driving in Queensland can result in serious penalties. At Anderson Telford Lawyers, our criminal lawyers assist in matters relating to drink driving.

Accidents Caused by Drink Driving

Australia has one of the highest rates of car accidents caused by drink driving globally despite our smaller population. Drink driving is still one of the biggest reasons for driver fatality on our roads with over 635 drivers, passengers, cyclists, and pedestrians killed on Australian roads since June 2019. This is a marked increase of 13.8 per cent on the road toll from 2018.

Despite numerous public service announcements, Police roadblocks, television commercials, and increased fines, people still do not get the message. Thirty per cent of all road accidents that end in a fatality are caused by a driver over the legal limit of 0.05, and ninety per cent of these drivers are men.

What is the Legal Alcohol Limit in QLD?

The most significant deterrent on these rates, however, would be Random Breath testing. The legal alcohol limit of 0.05 per cent has been around for over 25 years. While most of the public are aware of large fines and possible loss of license, people are still not aware of how drink driving can affect their lives and what will happen to them legally after a conviction.

If you have been charged with a drink driving offence, get in touch with our team at Anderson Telford Lawyers today.

Can I apply for a work licence if my licence has been cancelled?

A work licence is called a restricted licence, and you can apply for one if that lets you drive to work even if your normal driving licence has been cancelled through drink or drug driving offences.

If you are successful in your application, the magistrate may put restrictions or conditions around the work licence, such as when you can drive and where and when. It's not as easy as automatically getting a work licence that will allow you to drive whenever you would like; there are strict criteria you will need to meet.

The magistrate can also refuse your application if they are not satisfied; you are a fit and proper person to hold a restricted licence, which is why you may need a lawyer to help your case.

Can you be caught drink driving on private property?

The answer is yes. Drink driving is an offence no matter where you are. This includes if you are in your driveway, a carpark, a rural property or somewhere off-road, like a beach or in the bush.

The courts can rule that a defendant could be convicted of drink driving even though the driver could be on private property at the time.

A police officer can require a person to participate in a breath test if the officer believes that they were driving on the road or elsewhere.

The words 'elsewhere' have been included in the legislation, so that police officers have the power to breath-test a person anywhere, even in places that are not roads.

Why are some people made to have an interlock device on their car, and others are not?

In QLD, the Alcohol Ignition Interlock Program is a court-ordered requirement for certain types of drink driving offenders. It was a requirement for high-range and repeat offenders since 2015; however, since 2018, this law has been extended to first-time or middle-range offenders.

You will be subject to the Alcohol Ignition Interlock Program if you are convicted of any of these offences:

· driving under the influence of alcohol

· a drink driving offence with a blood/breath alcohol concentration of 0.15 or more

· failing to provide a blood/breath specimen for analysis

· dangerous driving while affected by alcohol

· 2 or more drink driving offences of any kind within a 5-year period

· Middle range offence is a reading of a blood alcohol concentration of 0.08 or more but less than 0.15

Interlock period

When your driving disqualification ends an 'interlock period' will apply to you. This is a non-driving period that applies if you don't participate in the Alcohol Ignition Interlock Program.

Your interlock period will be:

2 years if it is applied before 10 September 2021

5 years if it is applied on or after 10 September 2021

During your interlock period, you can only drive if you:

· hold a licence with an 'I' interlock condition

· have an interlock fitted to a nominated vehicle

These devices are attached to your vehicle's ignition and prevent you from starting your vehicle unless you blow into the device, and it records a nil alcohol reading. There is a procedure where you can apply to have an exemption from the device, but there is no guarantee that the application will be successful.

How We Can Help

It is essential to seek professional legal representation if you face disqualification of your licence or if you're in need to apply for a work licence.

Our team of experts are at your service and have decades of experience with traffic offences relating to criminal law.

Anderson Telford Lawyers has a 24/7 crime line available for all our clients. Call us today so we can offer you immediate help.