Drink Driving

Drink Driving Brisbane

Been charged with drink driving? Your licence is at risk, and you may be facing a hefty fine or even a period of imprisonment. At Hounsell Cunningham we are here to protect your licence and to help you achieve the best possible outcome for your matter.

When you are facing a drink-driving charge, it can be complicated, not to mention stressful and difficult process. You will have to personally appear and have your matter determined by court, and there might be a range of other factors that will influence how your matter proceeds, such as further charges of dangerous driving or unlicensed driving to consider. You might have been charged before and need to avoid a potential period of imprisonment, or there might be a legitimate defence that you need to put forward. No matter the charge, we are your Brisbane drink driving solicitors and we are here to represent you.

There are a range of penalties depending on the severity of your blood alcohol content (BAC) and the type of offence you have been charged with. It is our role to understand your possible penalty fully, and to persuade the magistrate to impose the lowest possible sentence for your case based on our reasoning. We are highly experienced in managing drink driving offence matters and can build a strong case in your defence.

When facing court for any drink driving offence, we are here to give you solid and reliable representation and to ensure that your matter is managed correctly. We understand drink driving penalties and can present your matter in the Magistrates Court to ensure the best possible outcome.

We are the drink driving lawyers Brisbane trusts. We provide representation at every stage of your matter and are here to defend your rights.

Drink Driving Lawyers Brisbane

Drink driving is an offence. When you have been caught drink driving, you will usually be given a notice by police to appear in court. This will be in the Magistrates Court, and it will be the closest one to where you are alleged to have committed the offence.

The magistrate will be responsible for deciding how long your licence should be disqualified for, and also determine any other penalty such as a fine, imprisonment or any other penalty in between. The penalty that is imposed on you will depend on:

  • What your blood alcohol concentration (BAC) was at the time of your offence
  • Your traffic history (including any other charges)
  • Relevant factors (like whether you had children in the car, whether you were driving dangerously, whether you had an accident)

The police will test your blood alcohol using a roadside blood alcohol tester; you will likely have seen these before. If you return a positive reading you will then be taken to the closest police station and will be required to provide a further sample of your breath on an analysing instrument. It is an offence to refuse to provide a sample of breath without a reasonable excuse. Failure to do so may result in being charged with a higher offence. If you have been pulled over and you are found to be ‘over the limit’ your licence will be automatically suspended for 24 hours or indefinitely depending upon your BAC. It may be possible to get a special work licence that allows you to drive before you have to appear in court. We can help you with this.

What kind of penalty am I facing? The maximum possible drink driving penalties you face depends on your BAC reading as well as other factors. We have four levels for BAC in Queensland, and they carry a range of penalties. These are:

Blood/breath alcohol concentration (BAC) Licence disqualification Maximum fine amount The maximum term of imprisonment
Over 0.00, but under 0.05 BAC (learner, probationary or provisional licences, and drivers of particular motor vehicles) 3 to 9 months $1,827 3 months
0.05 and over, but under 0.10 1 to 9 months $1,827 3 months
0.10 and over, but under 0.15 3 to 12 months $2,611 6 months
0.15 and over Minimum of 6 months $3,655 9 months

You have a lot of potential variation present in each case, and there are a lot of ways in which your matter can go in court. The above mentioned penalties are for first time offenders. If this is your second or seubsequent drink driving offence the penalties ranges are much higher.You might be applying for a work licence, or you may need representation in court. No matter what kind of charge you are facing it is vital that you have legal representation.

What will happen in court

As soon as you have been charged with driving under the influence of alcohol or with refusing to provide a specimen of breath or saliva, you will be disqualified from holding a Queensland licence. The actual period of disqualification will depend on your BAC and your personal circumstances.

Your licence will be cancelled in court, and you should hand it in then. This is because it is a further offence to keep a cancelled driver’s licence.

Depending on what you have been charged with, and whether this is your first or subsequent offence, you may be facing other sentencing penalties such as imprisonment. Our DUI lawyers in Brisbane are experienced in presenting matters to the court in such a way as to allow the Magistrate to see reasons behind your drink driving charge. This might be through affidavits from people you know, bosses, employers, trusted people in society, and we can help to present your matter in a favourable way.

This can result in the Magistrate imposing a lesser penalty or suspending a period of imprisonment. Without legal representation from our drink driving lawyers in Brisbane, you risk getting a harsh penalty or facing a period of imprisonment.

Work Licences Applications

You must submit an application for a work licence in writing, in the prescribed form. The court will decide whether or not to grant a work licence to you based on what is presented to the court in supporting Affidavits. We will draft this information for you and will ensure that your case is presented in the most favourable terms.

If you have been charged with a BAC of less than 15% (0.150) and were not already under a work licence, driving for work or on a provisional or learners’ permit you may be able to seek a work licence. You will need to gather evidence from your employer and to present this to the court in the appropriate way.

This process can be complex, and it is vital that you seek legal advice throughout to ensure that you have the best possible chances of a successful application. We have helped plenty of people charged with drink driving to get a work licence for their employment.

Contact our Drink Driving Lawyers Brisbane Today

When your licence and future are at stake, you must contact us at Hounsell Cunningham. We are the drink driving solicitors Brisbane trusts and can defend you in court for your drink driving offence.

Call us on (07) 3188 5626. We are based in Brisbane and represent clients from across South East Queensland. Get in touch now for drink driving representation from our traffic lawyers.