A drink driving charge can feel like your life has been flipped upside down in a matter of moments. It’s a stressful and uncertain time, whether it’s your first offence or not. What happens next? What are your rights?
These questions can be overwhelming, but as Queensland traffic law specialists, we’ve helped countless people navigate this exact situation. You don’t have to face it alone-we’re here to help you understand your options and take control of what comes next.
Immediate Consequences After Being Charged
Being charged with drink driving is a serious matter, but understanding the process and your rights can make all the difference. When you’re pulled over for suspected drink driving, several things happen very quickly:
The Initial Stop and Testing
Police will first conduct a roadside breath test. If this shows a positive reading, you’ll need to go with them for a more accurate breath analysis, usually at a police station or booze bus. It’s important to know that refusing a breath test is treated as seriously as a high-range drink driving offence – you could face fines up to $4,516 and at least six months licence disqualification.
Immediate Licence Suspension
Your licence status depends on your blood alcohol concentration (BAC) at the time of being pulled over. For example;
- Under 0.10: You’ll face a 24-hour licence suspension
- 0.10 and over: Your licence is suspended immediately until your court date
Getting Home and Court Notice
Once charged, you’ll typically be released with a notice to appear in court. Court dates are usually scheduled a few weeks to a month later. At this point, ensuring a safe way to get home is essential-arrange for family, friends, or a rideshare service to pick you up.
Possible Defences and Mitigating Factors
While charges of driving under the influence are serious, there are ways to challenge or mitigate the impact of the charge.
Potential Legal Defences
In some situations, you might have grounds to defend the charge:
- Procedural errors in testing or arrest procedures.
- Evidence that your BAC was lower when driving than when tested (known as the “rising blood alcohol” defence).
- Genuine emergency situations that necessitated driving.
- In rare cases, an honest and reasonable mistake about being under the limit.
Factors That May Help Your Case
In drink driving cases, courts consider various factors when determining penalties, including:
- A clean driving history and no prior offences.
- Strong character references and community involvement.
- Completion of rehabilitation or traffic offender programs.
- Demonstrated understanding of the seriousness of the offence.
- Evidence of steps taken to prevent future incidents.
Understanding Your Legal Rights and Options
Seeking Legal Advice
Getting proper legal advice early can make a significant difference to your case outcome. An experienced traffic lawyer can:
- Review the circumstances of your arrest.
- Identify any potential defences.
- Help you understand if you’re eligible for special provisions like work licences.
- Guide you through the court process.
Can You Keep Your Licence for Work?
One of the biggest concerns for many people is how a drink driving charge will affect their ability to work. You might be eligible for a work licence if:
- Your BAC was under 0.15%.
- You held a valid open licence when charged.
- You weren’t driving for work when the offence occurred.
- You haven’t had any relevant convictions or licence suspensions in the past five years.
The work licence application process requires detailed documentation, including affidavits from you and your employer. It’s crucial to apply before your court date.
Penalties You Might Face
For penalties, the consequences of a drink driving conviction vary based on your BAC level and whether you have previous offences.
First Offence Penalties
- BAC 0.05-0.10: 1-9 months disqualification, up to $2,258 fine.
- BAC 0.10-0.15: 3-12 months disqualification, up to $3,226 fine.
- BAC 0.15 and over: Minimum 6 months disqualification, up to $4,516 fine.
Repeat Offences
Penalties increase significantly for repeat offenders, potentially including:
- Up to 2 years licence disqualification,
- Fines up to $9,678,
- Possible jail time.
Preparing for Court
Before Your Court Date
Take these steps to potentially improve your outcome:
- Gather character references and your driving history.
- Consider completing a traffic offender program.
- Prepare documentation about how losing your licence would affect your work and family.
- Keep records of any alcohol counselling or rehabilitation you undertake.
Criminal Record Concerns
A drink driving conviction doesn’t just impact your licence—it can leave you with a criminal record, creating hurdles for future job opportunities and international travel. But there’s hope. If you’re a first-time, low-range offender, you may be able to argue for no conviction to be recorded. Achieving this outcome hinges on several key factors, such as:
- The circumstances of your offence.
- Your personal background.
- Any steps you’ve taken to address the behaviour.
- Your need for a clean record (e.g., for work purposes).
Long-term Impact and Prevention
A drink driving conviction can have other lasting consequences, including:
- Higher insurance premiums.
- Travel restrictions to some countries.
- Employment difficulties, especially for jobs requiring driving.
- Mandatory alcohol interlocks for some offences.
To avoid future incidents of drink driving, take the follow precautions:
- Plan ahead when drinking-designate a sober driver or book a ride service.
- Remember that alcohol can still be in your system the morning after.
- Consider using a personal breathalyser if you’re unsure.
Essential Steps After Being Charged
Taking the right actions after a drink driving charge can significantly impact your case outcome. We recommend:
- Getting Legal Advice Promptly: Contact an experienced traffic lawyer as soon as possible – early intervention often leads to better outcomes
- Gathering Supporting Documentation:
- Your complete driving history
- Character references from employers or community members
- Medical information if relevant to your case
- Evidence of work requirements if considering a work licence application
- Considering Rehabilitation Options:
- Enroll in a traffic offender program
- Attend alcohol counselling or education programs
- Keep records of all programs and attendance
- Planning for Potential Licence Loss:
- Arrange alternative transport for work and personal commitments
- Research public transport options
- Discuss carpooling possibilities with family or colleagues
- Preparing for Court:
- Understand what to expect during the hearing
- Be ready to demonstrate your understanding of the seriousness of drink driving
- Consider how you’ll present any mitigating circumstances.
Getting Help: Lawyer for Drink Driving Charges
If you’re facing a drink driving charge in Queensland, you don’t have to navigate this alone. Our team at AKS Law understands how stressful this situation can be, and we’re here to help you understand your options and work towards the best possible outcome.
Contact us on 07 3180 0144 for a confidential discussion about your situation. We’ll help you understand exactly where you stand and what steps you can take next.
