FAQS2019-04-15T12:36:27+10:00

Brisbane Criminal Lawyers

Book a Complimentary Consultation with an Accredited Specialist in Criminal Law

FREQUENTLY ASKED QUESTIONS

Can I get a work licence on a drink driving charge?2019-04-15T10:13:30+10:00

You can apply for a work licence on a drink driving charge if:

You are charged with driving over the general limit, low range drink driving.

OR

You are charged with driving over the middle limit, middle range drink driving.

AND

You held an open Queensland Drivers Licence at the time of the offence.

AND

You are a fit and proper person to hold a drivers licence.

AND

You need your drivers licence for work or to get to and from work.

AND

You or your family will suffer extreme financial hardship if you cannot drive for work.

Unfortunately the law states you cannot get a work licence if:

You are charged with high range drink driving or driving under the influence.

OR

You held a learner or provisional licence at the time of the offence.

OR

Your drivers licence was disqualified for any reason in the last five years.

OR

You licence was demerit point suspended in the last 5 years.

OR

Your licence was suspended for speeding >40km/hr in the last 5 years.

OR

Your employer or manager refuses to provide an affidavit.

OR

You were caught drink driving while driving for work.

OR

You did not hold a current licence when you were caught drink driving.

OR

You hold an interstate drivers licence.

 

 

What are the penalties for high range drink driving?2019-04-15T09:11:52+10:00

The maximum penalties for high range drink driving also called driving under the influence (DUI) are listed below.  The maximum penalty for high range drink driving or DUI increases if you have similar matters on your history in the last 5 years.

IF  you have no prior drink driving matters in the last 5 years:

THEN       9 months imprisonment or $3,655,40

          A disqualification period at least 6 months.

IF  you have 1 prior low or mid-range drink driving matter in the last 5 years:

THEN        12 months imprisonment or $2,611.00.

           A disqualification period of at least 9 months.

IF  you have a prior high range drink driving or 2 or more prior low or mid-range drink driving matters in the last 5 years:

THEN        18 months imprisonment or $7,833.00.

           A disqualification period of at least 12 months.

IF  you have two or more prior high range drink driving matters in the last 5 years:

THEN        The Court must impose a sentence of imprisonment up to 18 months

           This can include a wholly suspended sentence, intensive correction order or an immediate release to parole.

Prior convictions for dangerous driving in the last 5 years will also increase the maximum penalty.

A Court can impose penalties, other than a fine or imprisonment, for a low range drink driving offence including a good behaviour bond, a probation order, a community service order, a suspended sentence and an intensive correction order.

What are the penalties for mid range drink driving?2019-04-15T09:09:09+10:00

The maximum penalties for mid range drink driving are listed below.  The maximum penalty for mid range drink driving increases if you have similar matters on your history in the last 5 years.

IF  you have no prior drink driving matters in the last 5 years:

THEN         6 months imprisonment or $2,611.00.

           A disqualification period between 3 and 12 months.

IF  you have 1 prior low or mid-range drink driving matter in the last 5 years:

THEN          6 months imprisonment or $2,611.00.

           A disqualification period between 3 and 18 months.

IF  you have 2 or more prior low or mid-range drink driving matters in the last 5 years:

THEN          9 months imprisonment or $3,655.40.

           A disqualification period of at least 6 months.

IF  you have 1 high range drink driving (drive under the influence) matter  in the last 5 years:

THEN          12 months imprisonment or $3,916.50

           A disqualification period of at least 9 months.

IF  you have 1 high range drink driving (drive under the influence) matter and either a low or mid-range drink driving matter in the last 5 years:

THEN          18 months imprisonment or $7,833.00.

           A disqualification period of at least 12 months.

A Court can impose penalties, other than a fine or imprisonment, for a low range drink driving offence including a good behaviour bond, a probation order, a community service order, a suspended sentence and an intensive correction order.

What are the penalties for low range drink driving?2019-04-15T09:10:22+10:00

The maximum penalties for low range drink driving are listed below.  The maximum penalty for low range drink driving increases if you have similar matters on your history in the last 5 years.

IF  you have no prior drink driving matters in the last 5 years:

THEN          3 months imprisonment or $1,827.70.

           A disqualification period between 1 and 9 months.

IF  you have 1 prior low or mid-range drink driving matter in the last 5 years:

THEN          6 months imprisonment or $2,611.00.

           A disqualification period between 3 and 18 months.

IF  you have 2 or more prior low or mid-range drink driving matters in the last 5 years:

THEN          9 months imprisonment or $3,655.40.

           A disqualification period of at least 6 months.

IF  you have 1 high range drink driving (drive under the influence) matter  in the last 5 years:

THEN          12 months imprisonment or $3,916.50

           A disqualification period of at least 9 months.

IF  you have 1 high range drink driving (drive under the influence) matter and either a low or mid-range drink driving matter in the last 5 years:

THEN          18 months imprisonment or $7,833.00.

           A disqualification period of at least 12 months.

A Court can impose penalties, other than a fine or imprisonment, for a low range drink driving offence including a good behaviour bond, a probation order, a community service order, a suspended sentence and an intensive correction order.

book a complimentary initial consultation with an accredited specialist

Did this information help?

Provide your feedback so we can continue to improve the information on this page.