Low Range Drink Driving
Low range drink driving is having a blood alcohol concentration (BAC) of 0.05 but under 0.10. The penalty for this offense is disqualification from 1 month to 12 months and maximum fine of between $1,540 and $6,600, or imprisonment for a maximum of 3 to 18 months.
A person can be charged for low range drink driving even if he is not actually driving but as long as he can exercise control over the vehicle. This includes acts such as sitting in the car with the keys in your possession or sleeping while having the prohibited BAC level. The instruments used to measure the BAC are usually accurate. However, the accused may raise the defence that he is not in charge of the vehicle at the time that he was caught or there was no intention of driving the vehicle like he does not have the keys in his possession.
If the police do think you have been drinking alcohol they may request that you provide your name and address and produce your driver's license at the very least. They may also demand you submit to a road side breath test which has to take place within two hours and a blood test as well. You are committing an offence if you fail to provide your name and address; refuse to provide a specimen of your blood or refuse to give a breath test.
You may think that it is not justifiable to submit to any of the police’s requests as you had no intention of driving anyway. The police do not know if you are going to drive so as a precaution they try to prevent you from doing so. If you know that your intention was not to drive and you do not wish to be convicted of a low range drink driving offence then you should contact an experienced Queensland lawyer who will take up your case on your behalf and ensure that the truth is upheld and any penalty imposed on you is correct. In many instances a well argued case can result in a charge being dropped.
If you have been charged with a traffic offence, it is important that you seek legal advice.