In short, you can refuse a breath test however the consequences could be detrimental to you and your licence.

A Police officer can lawfully request that you take a breath test randomly, meaning they do not need to suspect that you have been drink driving, or after they form a suspicion that you are under the influence of a substance (alcohol or drug). Simply speaking, a breath test is used to measure the concentration of alcohol in your blood.

Under section 80(5A) of the Queensland Transport Operations (Road Use Management) Act (TORUM), refusing to take a breath test is an offence punishable by imprisonment and if charged, you would need to go to court. This is regardless of whether or not you had actually consumed alcohol or drugs at the time of offence. The offence itself is referred to as ‘failing to provide a specimen of breath’. This offence carries the same penalties otherwise imposed on those found guilty of high range drink driving (a reading of 0.15%). If you plead guilty or are found guilty of this offence, you can lose your licence for 6 months or more and face a penalty of 40 penalty units or 6 months imprisonment.

You may lawfully refuse to provide a specimen of breath for medical reasons if you cannot, for example, blow at the required strength and for the required duration. You would need to have medical proof if this were the situation.

A person who is in charge of a motor vehicle whilst over the alcohol limit can be charged with an offence of drink driving or drug driving. Under the Queensland Transport Operations (Road Use Management) Act (TORUM), section 79(1)(c), a person charged with this offence and is found guilty or pleads guilty, is liable to a penalty of up to 28 penalty units or to imprisonment for a term not exceeding 9 months for their first offence of a like nature. This entry would be recorded on that person’s Queensland traffic history. In addition, that person would be disqualified from driving for a period of time with that period of time depending on their traffic history.

This can include instances where any such person is found asleep inside a vehicle whilst under the influence of alcohol or drugs or simply sitting in the vehicle listening to music whilst being in charge of the vehicle.

There are defences available to being found in charge of a motor vehicle whilst under the influence pursuant to Section 79(6) of the TORUM. These may include the following:

• That the person charged did not manifest an intention to drive, for example, that they were not in the driver compartment of the vehicle at the time or that they were outside of the vehicle by some action (e.g giving the car keys to another person etc)

If you have been charged for being In Charge of a motor vehicle, please contact us for more information.

If you have been charged and found guilty of drink driving or driving whilst a relevant drug is present in your blood/salvia, you may be eligible to apply for a work licence under section 87 of the Queensland Transport Operations (Road Use Management) Act (TORUM).

A work licence is simply a restricted licence that can be issued to you by the Court that would allow you to drive for the strict purposes of completing your employment during the period of your licence disqualification.

To be successful in your application, you must satisfy the court that you are a fit and proper person to be the holder of a work licence and that you would be placed in a position of severe financial hardship should you lose your licence. To do this, you must file and serve Affidavit material outlining your circumstances and hardship together with an Affidavit from your employer. If you are self-employed, you should provide details of your ABN.

To be eligible to apply for a work licence, you must:

• Be charged with drink driving (under 0.15), fail to provide a sample of breath at the roadside, or driving with a relevant drug in the blood or saliva;
• hold a current Queensland open licence; and
• at the time of the offence:
• Had a blood alcohol reading of less than 0.15;
  
  • Not be found driving for the purposes of work or already under a restricted licence;
  • Not be driving under a licence that required a zero BAC such as P plate or L plate;
  • Not be driving on a licence that required your BAC to be zero; and
  • Not have been convicted of a like or similar offence, dangerous driving or had a licence suspended or cancelled in the past five years in any state or territory.

If you wish to apply for a work licence or check your eligibility to apply, please contact us to discuss your matter.

If you have been charged and found guilty of drink driving or driving whilst a relevant drug is present in your blood/salvia, you may be eligible to apply for a work licence under section 87 of the Queensland Transport Operations (Road Use Management) Act (TORUM).

A work licence is simply a restricted licence that can be issued to you by the Court that would allow you to drive for the strict purposes of completing your employment during the period of your licence disqualification.

If you are successful in your application and you are granted a work licence by the Court, they will place you under strict conditions that you must follow during the disqualification period. These include:

• That you must only use the work licence for purposes directly connected with your means of earning a livelihood;
• That you must only drive a certain class of vehicle;
• That you must only drive for certain purposes connected to your employment by the most direct route;
• That you must only drive in between the hours that you are permitted to do so (this will be different for each person depending on their circumstances); and
• That you must carry a copy of the Work Licence Order with you at all times.

Other conditions that may be impose may include:

• That you can or cannot carry passengers (work colleagues only) with you;
• That you must carry and maintain a log book; and
• That you must wear a uniform/clothes connected to your employment whilst driving.

To discuss applying for a work licence or possible restrictions, please contact us.

If you have been charged and found guilty of drink driving or driving whilst a relevant drug is present in your blood/salvia, you may be eligible to apply for a work licence under section 87 of the Queensland Transport Operations (Road Use Management) Act (TORUM).

A work licence is simply a restricted licence that can be issued to you by the Court that would allow you to drive for the strict purposes of completing your employment during the period of your licence disqualification.

If you are successful in your application and you are granted a work licence by the Court, the Court will issue you an order that allows you to obtain a special licence (work licence) from the Queensland Department of Transport. This licence will have strict conditions which you must follow to avoid further punishment or having your work licence revoked. The Court will also issue you the licence for the period of your disqualification.

At the end of your disqualification period, you must attend the Department of Queensland Transport and reapply and pay for a new licence. You are not allowed to drive to the Department of Queensland Transport yourself as this is not directly connected to your employment (as required under the work licence). You must have someone else drive you or catch public transport.

Once at the Department of Queensland Transport, you must check the status of your licence. If eligible, you may apply and pay for a new licence. Once your new licence is granted, you will be restricted to a zero blood alcohol limit and also only have four (4) points. These restrictions will apply to you for a period of twelve (12) months.

If you have been charged and found guilty of drink driving or driving whilst a relevant drug is present in your blood/salvia, you may be eligible to apply for a work licence under section 87 of the Queensland Transport Operations (Road Use Management) Act (TORUM).

A work licence is simply a restricted licence that can be issued to you by the Court that would allow you to drive for the strict purposes of completing your employment during the period of your licence disqualification.

To be successful in your application, you must satisfy the court of 2 main limbs, including:

1. that you are a fit and proper person to the be the holder of a work licence having regard to the safety of other road users and the public generally; and
2. that a refusal of a work licence would place you or your family in a position of severe financial hardship or deprive you of a means of earning a living.

As part of your application, you must file and serve Affidavit material outlining your circumstances of hardship and evidence as to how you say you are a fit and proper person to be the holder of a licence.

If you are successful in your application and you are granted a work licence by the Court, the Court will issue you an order that allows you to obtain a special licence (work licence) from the Queensland Department of Transport.

If your application is refused, on the basis that you are ineligible, not found to be fit and proper or that you have not satisfied the court of your hardship, you will be disqualified from driving for a period of time without a work licence. This means that you cannot drive at all during the period of disqualification.

Once refused, you cannot apply for a work licence again during the period of disqualification. You will however have 28 days to appeal the decision before a Judge should you wish.

In short, yes. If you plead guilty or you are found guilty of certain traffic and criminal offences in Queensland (including but not limited to drink driving, drug driving, suspended driving, disqualified driving, dangerous operation of a vehicle), the court must under legislation cancel your licence and disqualify you from driving for a period of time. This licence disqualification will apply not only in Queensland, but in all states and territories of Australia.

The period of time you are disqualified will depend on the offence you are charged with together with your previous traffic history (generally anywhere between 1 month to 5 years). The Court also, under some circumstances, may disqualify you from driving absolutely. If you lose your licence for more than 2 years, you may be eligible to apply to have the disqualification removed after 2 years without having a licence.

If you plead guilty or you are found guilty of drink or drug driving offences in Queensland, the court can impose penalties on you that include terms of imprisonment.

The likelihood of you receiving a term of imprisonment can depend on many factors such as, whether you have previous criminal or traffic history, the seriousness of the allegations against you and the position or submissions of the Police in relation to the matter.