If you hold a learner, probationary or provisional licence in Queensland, your blood alcohol concentration (BAC) reading is required to be zero at all times. If you hold an open licence you must not have a BAC reading higher than 0.05.

Drink driving, even for a first offender, is likely to result in the recording of a criminal conviction, a fine and a period of disqualification. For those who have a blood alcohol concentration (BAC) reading that is within the mid-high range, a sentence of imprisonment is not out of the question, however, this is dependent on the circumstances of the offence.

Your BAC reading can be classed as either low, mid or high range. The ranges and penalties are as follows (these penalties are based on first time drink driving offences):

Low Range – 0.05 and over, but under 0.10 BAC. If your BAC reading is low range it is likely that you will be disqualified from driving for a period of 1-9 months. The maximum fine for low range drink driving is $1,649.00. The maximum term of imprisonment for low range drink driving is three months;

Mid Range – 0.10 and over, but under 0.15 BAC. If your BAC reading is mid range it is likely that you will be disqualified from driving for a period of 6-12 months. The maximum fine for mid range drink driving is $2,356.00. The maximum term of imprisonment for mid range drink driving is six months; and

High Range – 0.15 BAC and over. If your BAC reading is high range it is likely that you will be disqualified from driving for a period of at least six months (it is the Magistrates decision as to the length of disqualification). The maximum fine for high range drink driving is $3,298.00. The maximum prison term for high range drink driving is nine months. If you have been charged with high range drink driving three times in five years, it is compulsory that the court impose a term of imprisonment as part of your sentence.

Remember that if you are a learner, provisional or probationary driver, you must always drive with a BAC reading of 0.00. If your BAC reading is over 0.00 but under 0.05 it is likely that you will be disqualified from driving for a period of 3-9 months. The maximum fine imposed would be $1,649.00. The maximum term of imprisonment that could be imposed would be three months.

Your licence will automatically be suspended for a period of 24 hours if your BAC exceeds 0.05 or 0.00 if you are a learner, provisional or probationary driver. If you are caught over the mid range of 0.10 or fail to provide a specimen sample of either breath or blood, your licence will remain suspended until after the matter is dealt with by the Magistrates Court.

It is important that you are aware that if you are charged with drink driving more than once in a five year period, you will be required to drive with an alcohol ignition interlock device in your vehicle, once your period of disqualification ends. An alcohol ignition interlock device is a breathalyser which is connected to the ignition of your vehicle. Your vehicle will not start if you consumed any alcohol. You will be required to drive with this device in your vehicle for a minimum period of 12 months.

If you have been charged with Drink Driving and require your licence for work you may be eligible for a work licence, depending on your circumstances. A work licence allows you to drive for purposes directly connected with your means of earning a living. The court must be satisfied that you need your licence to continue your job, and that if you were to lose your licence and your job, you would suffer extreme hardship.

Richard Callaghan can be contacted on 07 4911 0500 for further information and advice regarding a charge for drink driving, information regarding an alcohol ignition interlock device or the possibility of applying for a work licence.