Drink Driving Lawyers Brisbane, Queensland

Have you been charged or under investigation for drink driving offences in Queensland or another location nationally? Our drink driving lawyers Brisbane team has significant expertise in this regard.

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Top Drink Driving Lawyers Brisbane

If you need a reliable representative to assist you with your drink driving charge/s, look no further. Bosscher Lawyers have a dedicated drink driving lawyers team to help our clients save their licences and minimise the risk of custodial sentences.

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Bosscher Lawyers brings 100 years of collective experience to the field of criminal law, including drink driving charges. Our drink driving lawyers Brisbane team is committed to bringing you quality legal advice and representation you need to avoid a conviction.

Bosscher Lawyers – Drink Driving Lawyers Brisbane, Qld

Choosing the right drink driving lawyers Brisbane team can make or break your case. You need a team of highly experienced lawyers in the field, respected by the courts and have a proven track record of achieving the best results for their clients. Call us today to learn how we can help you.

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Bosscher Lawyers is recognised as one of the top criminal law firms in Brisbane, Queensland. We have years of unprecedented expertise in successfully defending clients throughout Brisbane.

Drink Driving Offence

Attempting to drive or driving with a blood alcohol content above the legal limit is considered a drink driving offence in Queensland.

The legal limit depends on the type of driver licence held, and on other occasions, what vehicle is being driven.

  • If you hold a provisional or a learner’s licence, you are not allowed to have any alcohol in your system while driving. But if you hold a provisional licence and already of age 25 or higher, you are permitted to have a blood alcohol content of less than 0.05%. Otherwise, a strict 0.00% limit is applied.
  • If you hold an open licence, you are permitted to have a blood alcohol content of less than 0.05%.
  • In special cases such as those who drive trucks, buses, taxis, vehicles carrying dangerous goods, articulated and pilot vehicles, a strict 0.00% is also applied.

Elements

A drink driving offence is made up of several elements. To be convicted of a drink driving offence, the police must prove the following elements:

  • Driving, attempting to drive, or in charge of the vehicle:
    To be considered guilty of drink driving, you must be driving, attempting to drive, or the one in charge of the vehicle. Being “in charge” of a vehicle means you may not be actually driving but in a position to physically exercise control over the vehicle.
  • Driving a motor vehicle (or tram, train, or vessel):
    A motor vehicle is broadly defined to include a tram, train, or vessel. A motor vehicle can include any trailer attached to a motor vehicle, as well as a motorbike.
  • Consuming liquor or a drug
    To be convicted of a drink driving offence, there must be a clear sign that you have consumed alcohol or drugs. The police or authorities can verify this via obvious signs that you are physically and mentally affected by liquor or drug, or they can acquire breath and blood analysis that shows you are intoxicated above the legal limit.

Levels of Drink Driving Offences

Drink driving offences are typically viewed as either minor or major offences. There are distinct penalties and other consequences that flow from a conviction.

  • Minor offence – when the alcohol level is less than 0.15%
  • Major offence – when the alcohol level is 0.15% or above and the driver refuses to provide a sample, or in other cases the driver is also affected by other drugs. The driver is considered “under the influence” and falls under major offence.

Defences

There are defences available against a drink driving charge. The two principal defences are:

  • Accuracy of the certificate – you can overcome the certificate by proving the breathalyser was defective or not operated properly, ergo showed an inaccurate result. Normally, it is difficult to challenge the effectiveness of a breathalyser, but it is still a defence available to you.
  • Not driving, attempting to drive, or in charge of the vehicle – A key element required to be charged with a drink driving offence is when you are primarily in control of the vehicle. If you can prove that you were not driving, attempting to drive, or in charge of the vehicle, you can raise this as a valid defence.

Penalties

The penalties depend on whether the offence is classified as major or minor.

  • Major offence – typically includes fines ranging from $1000-$3000 and a licence disqualification of about six (6) months, minimum. While it is not common, a magistrate can also order a period of imprisonment.
  • Minor offence – for first offenders, typically includes fines ranging from a few hundred dollars to $2000 and a licence disqualification period from one to twelve months. For repeat offenders, the magistrate can impose a jail sentence.

Contact Our Brisbane DUI Lawyers Team Today

To make an appointment with a Brisbane drink driving lawyer, you may contact our team on 1300 729 316.