“Think before you drink.” This warning, published by Ipswich police in 2022, flagged drink driving as a major cause of death on Queensland roads. This is despite the government having imposed harsher penalties for offenders, a topic that drink-driving lawyers in Ipswitch and statewide have in-depth knowledge of.
Offenders may have their licenses disqualified summarily or on conviction of drink driving. The offence, license discontinuation, and the requirements for becoming licensed again after discontinuation has lapsed are discussed below.
Queenslanders facing these challenges will benefit substantially from retaining a drink-driving lawyer.
What Constitutes Drink Driving?
Drink driving is criminalised in section 79 of the Transport Operations (Road Use) Management Act. Anyone who drives or is ‘in charge’ of a motor vehicle with a blood alcohol concentration exceeding the applicable limit may be found guilty of drink driving.
There are four alcohol limits in Queensland, two of which indicate how much alcohol (if any) different types of drivers may have in their bloodstream.
- No alcohol limit – Certain categories of drivers may not have any alcohol in their blood when driving on Queensland roads. Examples include learner drivers, restricted license holders, P1 and P2 license holders, restricted license holders, and those who drive taxis, limousines, tow trucks, and tractors.
- General alcohol limit – Other Queensland driver’s license holders may not have a blood alcohol concentration of 0.05% or more.
Two more categories describe the blood alcohol level of offenders caught with higher blood alcohol levels.
- A reading of 0.10% or more crosses the “middle alcohol limit,” while
- A reading of 0.15% or more constitutes a “high alcohol limit.”
License Disqualification for Drink Driving on Conviction
According to the Department of Transport and Main Roads, drivers convicted of drunk driving offences will be disqualified from holding a driver’s license. The disqualification period will depend on factors such as your blood alcohol level and any previous violations.
License Disqualification for Drink Driving Prior to Conviction
In the following cases, and as per the Queensland Government’s website, driver licenses are immediately suspended:
- In the case of a driver being charged with a “mid-range” or “high range” driving offence (blood alcohol concentration over 0.0 but under 0.1), or
- The driver fails to provide police with a breath or blood specimen when requested; or
- Where a driver has a pending drink driving charge or holds a section 79E order and an X4 condition applies to his license, and he is charged with a “low range driving offence” (blood alcohol concentration over 0.0 but under 0.1); or
- If the driver has been charged with dangerous operation of a motor vehicle while under the influence.
The immediate suspension ends when the court has withdrawn, discontinued, or ruled on the drink driving charge.
Getting Your License After Disqualification
Disqualified drivers whose disqualification period has ended may have their driver’s licenses reissued, starting with a one-year probationary license.
For offences committed on or after 10 September 2021, and as set out in the Queensland Government Transport and Motoring Section, an additional requirement may apply, such as:
- Completing a short online drink driving course, which applies to all those convicted of a drink driving offence; or
- Completing a repeat drink driving course, which applies to drink drivers convicted of two or more drink driving offences; and
- You may be subject to the alcohol interlock requirement when your disqualification ends.
The government introduced the Alcohol Ignition Interlock Program to assist drink drivers in separating drinking and driving after getting their licenses back. It applies to those convicted of high-risk drink driving offences.
Conclusion
Drink-driving lawyers are qualified and experienced to assist clients during the prosecution process and thereafter. If you face legal challenges related to drink driving, our Ipswich drink-driving lawyers can provide comprehensive legal advice all year round.