High range drink driving is the most serious offence of its kind and hold a maximum penalty of 9 months imprisonment for a first offence or a fine of $3,080.00 

Any second, or subsequent offences within a period of 5 years carries a maximum penalty of 18 months imprisonment or a fine of 60 penalty units. 

For third and any subsequent offences within a period of 5 years of the first offence the law requires the Court to impose a sentence which includes imprisonment. This does not necessarily mean the individual is required to serve the full sentence. 

Disqualification: 

Upon convicting a person of high range drink driving a court is required to disqualify that them from holding or obtaining a Queensland driver’s licence for a minimum of 6 months for a first offence, a minimum of 1 year for a second, and a minimum of 2 years for any subsequent, offences. A court is empowered to disqualify a person absolutely (meaning they can never hold or apply for another Queensland driver’s licence) even for a first high range drink driving offence (though in practice this is rare). If more than one period of disqualification is imposed (for example for repeat offences), they must be served cumulatively (that is, each period of disqualification does not commence until the previous one has expired). 

Upon convicting a person of high range drink driving the Court is required to have an Alcohol Ignition Interlock device fitted to their nominated vehicle for a period of 12 months once they receive their licence back.  

Convictions: 

In Queensland, if a person is convicted of Drink Driving – High Range, then the court could impose one of the following penalties: 

• Jail (suspended, parole or actual time); 
• Intensive Corrections Order; 
• Probation; 
• Community Service Order; 
• Fines. 

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant. 

Possible Defences: 

There are a number of defences available to charges at law.  Not every defence is available to every charge.  You will need to seek specific legal advice to see if you have a defence available to you for this charge.  Some of the common defences available in criminal charges are; 

• Necessity; 
• Mistake of Fact; 
• Public Safety; 
• Self Defence or defence of another person; 
• Intoxication; 
• Provocation; 
• Accident; 
• Duress; 
• Compulsion; 
• Insanity; 
• Automatism