Drink Driving

What is the offence?

There are four drink-driving ranges which are in effect in Queensland as follows:

  1. Driving over the no alcohol limit (.00);
  2. Driving over the general alcohol limit (.05);
  3. Driving over the mid alcohol limit (.10); and
  4. Driving over the high alcohol limit (.15).

For more information on the respective ranges read our blog article “Drink driving ranges. What are the general, mid and high alcohol ranges?”

What is the penalty?

The following table indicates the maximum penalties for each of the most frequent offending ranges.

Offence Fine (Penalty Units) Imprisonment
No Alcohol Limit 14 3 Months
General Alcohol Limit 14 3 Months
High Alcohol Limit-nil prev 28 9 Months
High Alcohol Limit- 1 Prev 60 18 Months
High Alcohol Limit- 2 Prev  – Mandatory
Drug Driving 28 9 Months

What does the court take into account in sentencing?

There are a number of factors that the court will take into account when determining the appropriate penalty. These include:

  • The reason for your driving at the time of the offence.
  • Your previous traffic history.
  • Your Manner of detection. That is whether you were intercepted by police due to RBT or whether it was the manner of your driving that brought you to the attention of the police.
  • Was the unlicensed driving associated with the commission of another offence?
  • Your personal circumstances.
  • Any other circumstances the Court considers relevant.

If you are concerned that the police have not followed the correct procedure or there is an anomaly with the reading, you should contact Gatenby Criminal Lawyers for urgent advice. It may be that you are eligible for a restricted license pending the finalisation of your charges.