Heavy Vehicle Drink Driving QLD
Heavy vehicle drivers are mandated to have a ‘no alcohol’ limit, meaning they must have a zero blood alcohol concentration (BAC).
Beyond zero, the driver can already be charged for drink driving. There are absolute restrictions for heavy vehicle drivers in consideration of the high risk should these heavy vehicles be involved in an accident.
The potential damage to life and property are too high such that the government cannot afford to be lenient.
A drink driving offence does not require that the driver be actually driving in order to be charged. It is sufficient that that the driver is in charge or in control of the vehicle for him to be covered under the said offence. Hence, even if the driver is only in his vehicle sleeping off the effects of the alcohol he can still be charged for drink driving.
Penalties for heavy vehicle drink driving
The penalties for heavy vehicle drink driving are disqualification from driving between 3 months to 9 months and a maximum fine of between $1,450 and $6,600, or imprisonment for a maximum term of 3 to 18 months. It is often difficult to mount a defence against a drink driving charge as the BAC readings are quite often accurate but it is possible for a lawyer to plead on an offender’s behalf for a lesser penalty by providing evidence that there was really no intention to drive while under the influence of alcohol.
Mishandling when taking a urine, breath or blood sample is a possible defence too that could be used by a lawyer. If you possess a heavy range drink driving reading, of over 0.15, there are substantial penalty points that could accumulate and fines and imprisonment too. The minimum, which is mandatory, is a disqualification period of 6 months and the maximum means an absolute disqualification of your driver's licence.
Whatever your situation is you will need a defence lawyer to ensure that you are treated justly in the Queensland courts. Without a proper defence you will incur the heaviest penalties that the prosecution is able to procure from the court which ay disadvantage you for the rest of your life.
Drink driving offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment. If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice. Contact our Criminal lawyers
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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