Drink Driving Offences
reprinted with the kind permission of Allan Weiss
Drink Driving Offences are considered "serious offences" in Queensland Drink Driving Offences attract heavy fines, long periods of licence disqualification and possibly a jail sentence.
Drink driving offences involve exceeding the prescribed concentration of alcohol while operating a motor vehicle, including a motorcycle. A drink driving charge can happen to any person at any time; for instance after a random check or after a traffic accident.
A police officer may require a person to undergo breath analysis in accordance with the officer’s direction if the officer has reasonable grounds to believe the person is under the influence of intoxicating liquor and has very recently been the driver of a motor vehicle on a public road.
This limit is determined by the class of licence and the vehicle that is being driven. For example, a provisional licence holder has a zero limit and a bus driver has a 0.02 limit. For most motorists, the blood alcohol limit is 0.05. There are a variety of penalties for drink driving including license suspension, fines and for a repeat offender could mean a prison term.
Sometimes someone who has been convicted of a drink driving offence may be required to use an alcohol ignition interlock if the drink driving offence meant a blood / breath alcohol concentration (BAC) of 0.15 or over was discovered, or the driver failed to provide a specimen for analysis or the driver was driving dangerously when affected by alcohol or had committed 2 or more offences for drink driving within a period of 5 years.
An alcohol ignition interlock is a device for breath-testing which is linked to a vehicle’s ignition to prevent the vehicle being started if the driver is under the influence of alcohol.
A drink driving charge can carry mandatory time off the road, as well as financial penalties or more intrusive sentences.
Section 79, 79A and 80 of the Transport Operations (Road Use Management) Act 1995 outlines the provisions in relation to offences, police powers etc. concerning drink and drug driving.
If you have been charged with a drink driving offence you should hire a lawyer to defend you as self-defence will not necessarily offer you the justice you deserve.
Written by Allan Weiss