High Range Drink Driving QLD
A drink driving offence is considered high range if the blood alcohol concentration (BAC) of the driver is 0.15 or higher.
The penalty is disqualification from driving for a period of 6 months to 2 years and a maximum fine of between $3,080 and $6,600, and/or imprisonment for a maximum term of 9 months to 18 months.
The penalties are stiff and the courts will impose heavier penalties for driving repeat offenders. It is noteworthy to remember that a person can be charged with a drink driving offence even if he is just sleeping in his car so long as his BAC is above the limit. Hence, it is not necessary that there is actual driving done to be charged with a drink driving offence.
It is difficult to defend against a drink driving charge because the BAC readings are usually accurate but it can be done. Lawyers may plead for a lesser penalty by proving that there was really no intention to drive while under the influence of alcohol. Improper handling or taking of the urine, blood or breath sample is also another defence that could be raised by the accused.
If you possess a high range reading, DUI (driving under the influence of liquor) above 0.15, 28 penalty points is the maximum fine and / or 9 months imprisonment. The minimum, which is mandatory, is a disqualification time of 6 months and the maximum means an absolute disqualification of your driver's licence.
The penalties charges are dependent on if you are an offender for the first time or a repeat offender. A 'repeat offender' is defined as someone who has in excess of one offence in the last five years. If you reach three high range offences in the previous 5 years the court has to impose a prison term as part of your sentence.
None of the likely outcomes of a drink driving offence are reasonable if you think you have been unfairly charged and the only way you can be assured of justice is to discuss your situation with an experienced Queensland DUI lawyer.
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.