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Drink Driving Lawyers Sunshine Coast, QLD
If you’re looking for a highly experienced Drink driving Lawyer on the Sunshine Coast, then Smith Criminal Law can help!
Charges for operating a motor vehicle whilst under the influence of alcohol can threaten your licence and significantly impact your day-to-day life, sometimes for months or even years to come.
If convicted of a DUI traffic offence, penalties include fines and disqualification of your driver’s licence. For serious offences, a prison sentence may be involved. These penalties can obviously have wide-ranging implications for work, caregiving and disruption to everyday life.
Drink driving charges are laid when someone is found to be in control of a vehicle while having a blood-alcohol level above the legal limit. It is important to differentiate between drink and drug driving charges. Whilst both are dangerous driving, there is a legal limit set for driving under the influence of alcohol, whilst drug driving elicits strict zero tolerance.
Under traffic law, the severity of your DUI penalty will depend on your blood or breath alcohol concentration and traffic history. Usually, penalties include a combination of licence disqualification and a fine, but you could also be imprisoned as a result of your traffic offence. An automatic 24 hour disqualification period will apply if your BAC is less than 0.10. Regardless of your charge, you need the expertise of an experienced traffic offence lawyer on your side. Smith Criminal Law on the Sunshine Coast are experts in traffic matters and can offer you the help you need with your driving offence.
The legal limit of alcohol for most drivers is 0.05%. However, any reading above 0.00% is illegal when driving if you are:
- Driving on a Learner Driver’s licence.
- Driving on a provisional, probationary or restricted licence (for example, if you are on your P plates).
- Driving a truck or other specialist vehicle (such as a bus, road train, dangerous-good vehicle, tractor).
- In the first twelve months of your class, RE motorbike licence or are learning to ride a Class R motorbike.
Under laws pertaining to drink or drug driving, a ‘vehicle’ is defined as a motor vehicle, boat or jet-ski, and all other means of transport that move on wheels, including bicycles. This means you may be charged with drink driving even if you aren’t necessarily in a car.
It’s also important to note that you don’t have to have been necessarily even driving the car at the time of being caught. Even if you were asleep in your vehicle, you need to prove that you were not ‘in charge’ of the vehicle at the time, otherwise you risk being charged with a drink driving offence.
Charges laid in regards to traffic offences may also be amplified by the circumstances under which the driving offences occurred. For example, if you were engaged in unlicenced driving or disqualified driving or have lost too many demerit points to be driving, you may be faced with a harsher consequence. Your penalty may also be worse if you are a repeat offender or if you have been charged with dangerous driving.
For example:
- Did you know that if you fail to comply with a police request for a blood or breath specimen, you may face additional fines, licence disqualification or a prison sentence?
- If you are charged with driving under the influence of alcohol, your licence will be immediately suspended for at least 24 hours.
- If you are found driving again during this time – even if it is to return to your vehicle – you will potentially face further charges.
Expert legal advice through these situations can help you to avoid further penalties and give you the best chance of reaching a positive outcome in your case. Smith Criminal Law on the Sunshine Coast is here to help you understand your charges and potential penalties and advise you on the best way to approach your individual situation. Our goal is to obtain the best outcome possible for you.
If this is your first driving offence, and your BAC (blood alcohol concentration) exceeds the 0.05 limit but less than 0.10, your licence will face an immediate 24-hour suspension. This is known as “low-range drink driving” and this offence holds a maximum licence suspension of nine months. The maximum fine in Queensland for offences within this range is $1,929, with a potential imprisonment period of up to three months.
These penalties increase for offences where your BAC is 0.10-0.15 (known as mid-range drink driving) and increase again if your BAC is 0.15 (the “high alcohol limit” in Queensland) or over. For repeat DUI offences, you may lose your licence for up to two years, be fined up to $8,271 or be sentenced to a term of imprisonment determined by the Magistrate’s Court.
In Queensland, all drink driving charges are seen to in a Magistrate’s Court. Driving under the influence of alcohol is considered a serious offence, and penalties are severe. Depending on the impact of your drink driving offence, for example, if someone was hurt as a result of your actions, it is not uncommon to be convicted of a criminal offence. This criminal record will show up on any background checks run by potential employers in the future and may impact an employer’s decision to employ you.
At Smith Criminal Law on the Sunshine Coast, our drink driving lawyers are experts in Queensland traffic law. Our expertise can have a significant impact on the outcome you face. The implications of a licence suspension are widespread, and the prospect of going to court alone can be nerve-wracking. Luckily, Smith Criminal Law can assist you if you are at risk of having your licence disqualified. Our tailored approach to licence appeals is your best chance, and where appropriate, we can:
If you need a lawyer for a drink driving charge, turn to Smith Criminal Law for expert legal guidance and representation on the Sunshine Coast.
No matter your situation, our mission is to ensure that your rights are protected, that you receive quality representation and that you attain a just, fair outcome.