Every week, many people face the Southport Magistrates Court for offences relating to the drink driving law. Drink Driving offences have to be dealt with by the Court in Queensland. A Magistrate will determine the length of your disqualification together with other penalties. The length of the disqualification and what type of other penalties you receive will depend upon:-
- What your blood/breath alcohol concentration was when you offended – this is also known as a BAC;
- How you were caught for drink driving and the danger to the public in the circumstances of the matter;
- Whether there are any aggravating features to the charge of drink driving;
- Your personal circumstances; and
- Your traffic history, including previous convictions for similar drink driving offences.
As a result of drink driving laws, some people will lose their licence if they are unable to drive for work purposes. If you need a licence for work, you should check your eligibility to apply for a work licence by using the legal chat-bot in the bottom right hand corner of this page. A work licence will only be granted by a Magistrate after your eligibility is demonstrated in the applications and supporting affidavits filed with the Magistrates Court. A work licence is also known as a restricted licence.
Under drink driving laws, if your BAC is less than 0.10, you will receive a 24 hour suspension of your drivers licence. If it is over 0.10, then your licence will be suspended until the Magistrate makes a determination. Once the Magistrate makes a determination, the period of disqualification will apply. There are other ways your licence can be immediately suspended – for example if you are charged with fail to provide police with a specimen of breath or blood when requested. If your licence is immediately suspended, you will receive a notice from the Police stating the reasons.
Higher penalties apply for repeat drink driving offences. Those penalties can include a licence disqualification for up to 2 years and also a term of imprisonment.
After your disqualification period
After your period of disqualification finishes, it is necessary to have your driver licence reissued. You will be subject to a probationary licence for at least a year. Once the disqualifications period ends, an alcohol ignition interlock device may need to be fitted to the motor vehicle in some circumstances.
What to do NOW
If you are concerned about drink driving laws and want to speak to a traffic lawyer, contact our office. Our traffic lawyers can assist you in reducing your disqualification period and penalty. Don’t forget, you can check your initial eligibility for a work licence using our easy legal chat-bot. Our traffic lawyers can assist you with work licence applications and affidavits for Magistrates Courts all over Queensland.