Drink driving remains one of the most common criminal offences dealt with in Queensland courts. The offence is regulated primarily under the Transport Operations (Road Use Management) Act 1995 (Qld) and includes several categories depending on the driver’s blood alcohol concentration (BAC).
Queensland operates a graduated penalty system, meaning mandatory consequences increase depending on the level of intoxication and whether the offender has prior convictions.
For many drivers, a drink driving charge is their first interaction with the criminal justice system, which can make the court process unfamiliar and stressful.
Categories of Drink Driving Charges
Low Range Offence
A BAC between 0.05 and 0.099 is considered a low range offence. While penalties are typically lower than other categories, drivers still face a mandatory licence disqualification and fine (for a first offence).
Mid-Range Offence
A BAC between 0.10 and 0.149 falls into the mid-range category. Penalties increase significantly and include longer disqualification periods, higher fines, and other appropriate penalties.
High Range Offence
A BAC of 0.15 or above is considered a high range offence and is treated very seriously by the courts. Drivers may face:
- substantial fines;
- lengthy licence disqualification; and
- possible imprisonment in serious cases.
High range offences often attract more detailed sentencing submissions, particularly if aggravating factors are present (such as a crash).
Additional Offences
Queensland law also criminalises related conduct such as:
- driving under the influence of alcohol or drugs;
- failing to provide a breath specimen; and
- dangerous operation of a motor vehicle while intoxicated.
Work Licences and Restricted Licences
In some circumstances, a person charged with drink driving may be eligible to apply for a restricted licence, commonly referred to as a work licence.
To obtain a work licence, the applicant must satisfy strict criteria, including demonstrating that losing their licence would cause extreme hardship and that they are otherwise a fit and proper person to hold a licence – this usually requires a well crafted affidavit. Courts carefully assess these applications and supporting material.
The Importance of Early Legal Advice
While drink driving charges may appear straightforward, the consequences can be significant. A conviction may affect employment, insurance and travel opportunities (such as a visa).
Obtaining legal advice early can help individuals understand their options, prepare appropriate material for court and ensure that their matter is presented effectively.
Our team are experts in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
