Have you been charged with drink driving?
Here's what you need to know...
Drink driving is a serious offence in QLD. If you are found guilty, you will lose your licence, you will be issued with a substantial fine and you could be sentenced to up to 9 months prison, even if this is your first offence.
Will I have to go to Court?
If you have been charged with drink driving in Queensland you will be required to attend a hearing at the Magistrates Court. At the hearing you will be asked to enter a plea in relation to the charges that have been made against you. If you plead guilty, it is likely that the Magistrate will hand down your sentence at the hearing.
Do I need a lawyer?
If you are charged with a DUI in QLD you are entitled to represent yourself at a hearing, however, unless you are experienced with the laws and Court processes and procedures it can be an overwhelming and stressful experience. If you plead guilty, you will only have a brief opportunity to provide the Magistrate with information that will impact on the sentence the Magistrate chooses to hand down. Knowing what to say can depend on many factors and being prepared is essential to ensure you receive the minimum penalty. Having an experienced QLD DUI lawyer will increase your chances of obtaining the minimum penalty, or, in some situations, avoiding a penalty altogether.
Should I represent myself for drink driving charges?
While it is possible to represent yourself for DUI charges in Queensland it is not advisable to do so, due to the sever penalties that are likely to be incurred.
Representing yourself in Court is a risk. Before taking that risk, give GC Crime Lawyers a call on 1300 127 463 to discuss the seriousness of your charges. We offer fixed rate fees for Gold Coast drink driving charges and with a Gold Coast drink driving lawyer you will have the best opportunity of minimising the penalties.
What penalties could I face?
Drink driving penalties depend on the seriousness of the charges. There are three different levels of drink driving charges: low-range, mid-range and high-range. Each category has different DUI penalties if convicted.
Low Range Drink Driving Penalties
You will be charged with low range drink driving if you are found to have a Blood Alcohol Concentration (BAC) of between 0.05% and 0.10% while you are in control of a vehicle. If you are found guilty and it is your first offence, low range DUI penalties can include:
the loss of your licence for up to nine months;
a fine of up to $2,012;* and
a term of imprisonment for up to three months.
It’s worth pointing out here that if you hold a provisional or probationary licence, you can face a low range drink driving penalty if you are found to have any alcohol in your blood at all, even less than 0.05%. As a result, you will be subject to the same low range drink driving penalty.
Mid Range Drink Driving Penalties
A mid range QLD DUI penalty will be applied when a person is found to be in charge of a vehicle with a BAC of between 0.1% and 0.15%. The mid range DUI penalties may include:
the loss of your licence between three and twelve months;
a fine of up to $2,875;* and
a term of imprisonment for up to six months.
High Range Drink Driving Penalties
Obviously, high range drink driving is the most serious of all DUI violations and, accordingly, a high range drink driving penalty is the most severe. Drivers found to have a BAC in excess of 0.15%, or those who have refused to give a blood alcohol sample, high range DUI penalties can include the following:
the loss of your licence for a minimum of six months;
a fine of up to $4,025;* and
a term of imprisonment for up to nine months.
Special Exemptions – QLD work licence information
Clearly, DUI penalties in Queensland, and specifically the loss of your licence, can have a serious impact on your work, your family and of course, can cause severe emotional trauma, putting you under extreme stress to the point where it can affect your physical health. In the case of a low or mid-range offence, if you need to drive for work, you may be eligible to apply for a QLD drink driving work licence.
Appeal a drink driving sentence
Appealing a drink driving sentence is not straightforward and the process demands sound legal knowledge and experience of court procedure. However, an appeal by a good legal team could reduce the penalties you face, you may possibly escape a drink driving conviction altogether.
Should you find yourself in trouble with the law over any driving violation, the best advice is to get in touch with a Gold Coast DUI lawyer straightaway in order to minimise any penalties and the very real impact a criminal conviction can have on other areas of your life. Contact GC Crime Lawyers on 1300 127 463.
*Penalty unit fines in the Queensland jurisdiction can be worked out by multiplying $143.75 by the number of penalty units, e.g., 14 penalty units is equivalent to 14 X 143.75 = $2,012.50.