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Drink Driving

The penalties for drink driving can be quite severe, depending on the drink driver’s blood alcohol concentration (BAC) and the drink driver’s traffic history. The severity of the penalty obviously escalates along with the drink driver’s blood alcohol concentration. The penalties for drink driving usually comprise of both a driver’s licence disqualification, along with a fine. However, the Magistrate can also hand down an order of community service or probation, an intensive correction order, a wholly suspended term of imprisonment, imprisonment with immediate parole, or a term of actual imprisonment to be served.

Where an open licensed drink driver’s blood alcohol concentration is below 0.15%, the drink driver’s licence will be disqualified for a period of between 1 and 9 months. Where a non-open licensed drink driver’s blood alcohol concentration is below 0.15%, the drink driver’s licence will be disqualified for a period of between 3 and 9 months. In both instances the drink driver will face a maximum fine of $1,400.00.

Where drink driver’s blood alcohol concentration is over 0.15%, the drink driver’s licence will be disqualified for a period of between 6 months and 5 years. The drink driver will also face a fine of up to $2,800.00. Where a drink driver is convicted of having had a blood alcohol concentration over 0.15% on 3 occasions within a 5 year period, imprisonment forms a mandatory part of the penalty.

Certain drink drivers may be eligible to apply for a special work licence, which allows the drink driver to continue driving for work purposes only throughout their disqualification period. To be eligible to apply for a work licence, the drink driver must be the holder of a Queensland open licence, have a blood alcohol concentration of less than 0.15%, must not have been driving for work purposes when charged, must not have lost their licence throughout the previous 5 years, and must be able to show that they will suffer severe financial hardship if they were not to be permitted to drive during the disqualification period.

Article by Andrew Wiseman from
Wiseman Lawyers - Dui & Traffic Experts

About the Author

Andrew Wiseman

http://www.wisemanlawyers.com.au

Andrew holds a Bachelor of Laws from Queensland University of Technology, as well as a Graduate Diploma in Legal Practice from The College of Law.

Andrew is admitted as a...

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