Drink and Drug Driving Offences

Drink and Drug drive

Disqualification Periods for Drink and Drug Driving Offences apply in Queensland. The length of disqualification depends on the level of blood alcohol concentration (BAC) or the type of drug drive offence.

Drink Driving

If you are a learner driver or hold a probationary licence you must have a BAC of 0.00 at all times. A disqualification period of 3 to 9 months applies if your BAC is between 0.00 to 0.05. If you are supervising a learner driver you must also remain under the BAC limit of 0.05.

If you hold an open licence the following disqualification periods apply:

BAC Min Max
BAC 0.05 but below 0.10 1 month 9 months
BAC of 0.10 but below 0.15 3 months 12 months
BAC of 0.15 and above 6 months

If you are charged with mid range or high range drink driving, being a BAC of 0.10 and above, you will be immediately disqualified from holding or obtaining a drivers licence until you are dealt with by the court.

If you attend Court intending to plead guilty of a low range offence ( BAC of 0.05 or above but below BAC 0.10) you should not drive to Court as you will not be permitted to drive home on the day. Before going to Court you should consider obtaining an Adult Proof of Age card as it will be useful when you re-apply for a licence. At Court you will need to surrender your current licence.

Once your disqualification period ends you are subject to a probationary licence for 12 months (with a zero BAC limit). You must not drive until you have re-applied for your licence from the Department of Mains Roads. You will need identification, such as an adult proof of age card.

If you are convicted of a high-range drink drive offence you will be subject to an alcohol ignition interlock program for two (2) years if it is applied before 10 September 2021 or five (5) years if it applied on or after 10 September 2021.

Drug Driving

There are two types of drug driving offences, namely driving with a relevant drug present in your saliva or blood or driving under the influence of drugs (DUI).  Driving with a relevant drug present for a person committing this offence for the first time carries a minimum disqualification period of 1 month. A person convicted of a DUI for the first time must be disqualified for at least six months.

Disqualification periods are in addition to any fine amount you may receive and potential term of imprisonment.

If you are a repeat offender, that is having committed a similar offence within the last five years, the disqualification periods will be higher and other penalties such as having your car impounded may apply.

Work Licence

You may be eligible for a work licence for some drink driving and driving with drugs in your saliva. The work licence enables you to drive for the purpose of work only. Strict eligibility criteria apply.

If you have been charged with a drink or drug driving offence and require advice or representation, please contact the DBL Criminal Law Team.

Mark Lillicrap
Principal

Mark Lillicrap DBL Solicitors

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