Drink driving charges are considered serious charges and may implicate you in different ways based on the nature of the offence. If you have been charged with drink driving, one of the following conditions may apply to you:
Drink driving: Section 79(1)- No prior charge
Section 79 of the Transport Operations (Road Use Management) Act Queensland states that any person under the influence of alcohol or drug when drives a motor vehicle, tram, train or vessel, attempts to put in motion a motor vehicle, tram, train or vessel, is in charge of a motor vehicle, tram, train or vessel is guilty of drink or drug driving. This charge may attract the following penalties:
- A maximum fine of 28 penalty units (1 unit is $100) or 9-months imprisonment.
- Licence disqualification for a minimum of 6 months unless an alternative order is made by the Magistrate. The maximum penalty may be at the discretion of the Magistrate.
- No right to apply for a work licence or Special Hardship Order .
Drink driving: Section 79(1) – One prior conviction arising from motor vehicle
If the offender has previously been convicted of a drink driving offence (within 5 years) that was connected to driving a motor vehicle, the following penalties may be applicable:
- A maximum fine of 60 penalty units (1 unit is $100) or 18-months imprisonment.
- Licence disqualification for a minimum of 1 year unless an alternative order is made by the Magistrate. The maximum penalty may be at the discretion of the Magistrate.
- No entitlement to apply for a work licence or Special Hardship Order.
Drink driving: Section 79(1) – Two prior convictions
If the offender has been convicted twice previously (within 5 years before conviction), the following penalties may be applicable:
- Imprisonment (part of or whole punishment) at Magistrate’s discretion.
- Licence disqualification for a minimum of 2 years unless an alternative order is made by the Magistrate. The maximum period of licence disqualification may be at the discretion of the Magistrate.
- No entitlement to apply for a work licence or Special Hardship Order.
Drink driving: Section 79(1) – Two prior convictions arising from motor vehicle
If the offender has been convicted twice previously (within 5 years), the following penalties may be applicable:
- Imprisonment (part of or whole punishment) at Magistrate’s discretion.
- Licence disqualification for a minimum of 2 years unless an alternative order is made by the Magistrate. The maximum period of licence disqualification may be at the discretion of the Magistrate.
- No entitlement to apply for a work licence or Special Hardship Order.
More information on DUI and drink driving charges
If you have been charged with a drink driving offence, try to seek advice from an expert DUI lawyer, as it might help you to decide the course of action you should take. Experienced DUI lawyers will also provide you with advice that comes from years of experience of handling similar cases, guide you through the implications that your offence may have and will help you in getting a fair penalty or acquittal based on your circumstances.