There are a number of traffic offences involving liquor or drugs you can be charged with under the Transport Operations (Road Use Management) Act 1995 (Qld).
- driving under the influence of liquor or drugs,
- driving over the middle alcohol limit but not over the high,
- driving over the general alcohol limit but not over the middle,
- driving over the zero alcohol limit but not over the general, and
- drive whilst relevant drug is present in saliva or breath.
Each of the above driving charges has different minimum and maximum penalties, and almost all of them involve an automatic loss of licence if you are convicted.
First, you can be charged with driving while under the influence over the high alcohol limit, being 0.15. This drink driving charge carries a maximum penalty of $2100 fine or 9 months imprisonment.
Second, you can be charged with driving while over the general alcohol limited but not over the high alcohol limit. That is, over a reading of 0.05 but under 0.15. This drink driving charge carries a maximum penalty of $1050 or 3 months imprisonment.
To prove this offence, Prosecution will need to show that you were actually driving the vehicle, or that you attempted to put the vehicle motion, or that you were in charge of the vehicle on a road or elsewhere whilst under the influence. If you are found to be over the high alcohol limit, you are deemed to be under the influence of alcohol. In some other instances, the court will consider the evidence as to whether you were under the influence. The court may consider evidence of physical appearance or behaviour at the time of the offence such as slurred speech, smell of alcohol, staggering, bloodshot eyes, etc.
Greater penalties exist if you have been convicted one or more times of drink driving or some other driving of a motor vehicle offences within the last 5 years. In some instances, the Court must impose imprisonment on you for this offence.
Variations may also exist depending on the type of licence you held at the time of the offence.
However, a number of defences exist for these charges. In addition, in particular circumstances you may be eligible for a work licence. It is vital that you call our Drink Driving Lawyers at Russo Lawyers on (07) 3238 1888 or freecall 1800 558 533 as soon as possible in order to get the right advice on this, otherwise you risk losing your licence for no reason, and therefore your income.