Services » Traffic Law » Drink Driving
With over 20 years of courtroom experience, Brooke Winter Solicitors’ professional team of drink driving lawyers will make sure you get the best possible outcome for your situation. Don’t risk losing your licence, a heavy fine or in some cases, imprisonment, contact us now.
We know each situation is different, so we take the time to listen to you and offer advice tailored to your individual needs. Using simple terminology, we will explain the court process, your rights and responsibilities, and guide you through the journey from beginning to end. Our lawyers will also deal with Queensland Police on your behalf so you don’t have to.
With an ex-police prosecutor on staff, we know both sides of the law. And we’re on your side.
If you have been charged with a DUI offence in the state of Queensland (and depending on the severity of your charge), the penalties may include:
If your charge is combined with a dangerous driving or unlicensed driving offence, or it is a repeated offence, then you could be facing all or a combination of these penalties.
Listed below are the penalty ranges for drink driving offences. Note: Previous offences attract significantly higher penalties.
Offence | Fine | Imprisonment | Minimum Disqualification |
UIL (0.150 or more) | |||
First Offence | $3,080.00 | 9 months | 6 months |
Second Offence | $6,600.00 | 18 months | 12 months |
BAC | |||
0.100 – 0.149 | $2,200.00 | 6 months | 3 months |
0.050 – 0.099 | $1,540.00 | 3 months | 1 month |
0.000 – 0.049 | $1,540.00 | 3 months | 1 month |
Drug Driving | $1,540.00 | 3 months | 1 month |
Offence | Fine | Imprisonment | Automatic Disqualification | Minimum Disqualification |
Automatic | Minimum | |||
High Range (0.150 or more) | ||||
First Offence | $3,300.00 | 18 months | 3 years | 12 months |
Second or subsequent offences | $5,500.00 | 2 years | 5 years | 2 years |
Mid Range (0.080 – 0.149) | ||||
First Offence | $2,200.00 | 9 months | 12 months | 6 months |
Second or subsequent offences | $3,300.00 | 12 months | 3 years | 12 months |
Low Range (0.050 – 0.079) | ||||
First Offence | $1,100.00 | Nil | 6 months | 3 months |
Second or subsequent offences | $2,200.00 | Nil | 12 months | 6 months |
Special Range (0.020 – 0.049) | ||||
First Offence | $1,100.00 | Nil | 6 months | 3 months |
Second or subsequent offence | $2,200.00 | Nil | 12 months | 6 months |
Novice Range (0.000 – 0.019) | ||||
First Offence | $1,100.00 | Nil | 6 months | 3 months |
Second or subsequent offence | $2,200.00 | Nil | 12 months | 6 months |
Talk to an experienced drink driving lawyer immediately to discuss your options and avoid a harsh penalty.
Depending on the circumstances of your drink driving offence, Brooke Winter Solicitors can provide advice and help with:
Brooke Winter Solicitors offer competitive fixed fee pricing.
Don’t risk losing your licence or worse, contact Brooke Winter Solicitors to discuss your matter and arrange a phone consultation.
In short, yes. If you plead guilty or you are found guilty of drink driving offences (or drug driving offences) in Queensland, the court must under legislation cancel your licence and disqualify you from driving for a period of time.
Section 79 of the Queensland Transport Operations (Road Use Management) Act (TORUM) deals with vehicle offences involving alcohol and drugs. Under this section, if a person drives, attempts to put in motion or is in charge of a vehicle, that person is liable to strict penalties that can include imprisonment. In addition to this penalty, under section 86 of the TORUM, the court must cancel the person’s licence and disqualify the person from holding a licence for a period of time. That period of time will depend on the specific offences and the individual’s traffic history.
If you are required to drive for the purpose of maintaining your employment, you may be able to apply for a work licence for the period of your disqualification.
If you have any questions regarding your licence and disqualification, please contact us.
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.
That period of time will depend on the offence that you have been charged with as well as your previous traffic and criminal history.
Section 86 of the Queensland Transport Operations (Road Use Management) Act (TORUM) deals with licence disqualification periods. Some examples are outlined below:
Upon conviction, a person charged with drink or drug driving whilst they are subject to a no alcohol limit is subject to 3 to 9 months disqualification for their first offence or 3 to 18 months disqualification for their second offence.
Upon conviction, a person charged with low range drink driving or drug driving is subject to 1 to 9 months disqualification for their first offence or 3 to 18 months disqualification for their second offence.
Upon conviction, a person charged with mid range drink driving is subject to 3 to 12 months disqualification for their first offence or 3 to 18 months disqualification for their second offence.
Upon conviction, a person charged with high range drink driving is subject to a minimum of 6 months disqualification for their first offence, or 12 months disqualification for their second offence.
Upon conviction, a person charged with failing to provide a specimen of breath is subject to a minimum of 6 months disqualification for their first offence.
Upon conviction, a person charged with dangerously operating a vehicle is subject to a minimum of 6 months disqualification.
Under Queensland legislation, if you have been charged with and convicted of High Range drink driving (DUI), failing to provide specimen of blood or breath, repeat drink driving or dangerous driving whilst being intoxicated, you will be subject to the Alcohol Interlock Program through the Department of Queensland Transport. This program will apply to you after the period of your disqualification and requires you to have an Alcohol Ignition Interlock fitted to each vehicle that you drive for a period of 12 months.
An Alcohol Ignition Interlock is a device that will be fitted to your vehicle and will prevent your vehicle from starting unless you provide a specimen of your breath which contains a no alcohol reading.
This program is automatic upon being found guilty or pleading guilty to the abovementioned offences. The program does not need to be ordered by the court and will be enforced by the Department of Queensland Transport.
If you are subject to interlock, you will be required to pay all associated fees to install the interlock and remove the interlock. Some exemptions for the program exist under very strict requirements.
If you have any questions regarding the Alcohol Interlock Program, please contact us.
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert drink driving lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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