Are you facing a drink driving charge?

Drink driving charges can have serious ramifications on your life. If you have been charged with drink driving before, you face a sentence of 2 years disqualification and a period of imprisonment. Even with no prior charges, you can be sentenced to 9 months in prison. If you are convicted of drink driving, you are also ineligible for a work licence.

The following articles contain information on charges of drink driving, including details of what the police have to prove, the maximum penalty, and possible defences.

For more information on any of the following offences, click through and read our article written by a practicing criminal lawyer.

What the Law states - Drink Driving-S79(1) No Prior

Section 79 of the Transport Operations (Road Use Management) Act Queensland states:

(1)  Any person who while under the influence of liquor or a drug-

(a) drives a motor vehicle, tram, train or vessel; or

(b) attempts to put in motion a motor vehicle, tram, train or vessel; or

(c) is in charge of a motor vehicle, tram, train or vessel;

    is guilty of an offence.

(3)  If on the hearing of a complaint of an offence against subsection (1) the court is satisfied that at the material time the defendant was over the high alcohol limit, the defendant is conclusively presumed to have been under the influence of liquor.

What the Law states - Drink Driving-S79(1) One Prior Conviction

Section 79 of the Transport Operations (Road Use Management) Act Queensland states:

(1) Any person who while under the influence of liquor or a drug-

(a) drives a motor vehicle, tram, train or vessel; or

(b) attempts to put in motion a motor vehicle, tram, train or vessel; or

(c) is in charge of a motor vehicle, tram, train or vessel;

    is guilty of an offence.

(1A) If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted under that subsection, the person is liable for that offence to a maximum penalty of 60 penalty units or 18 months imprisonment.

Possible defences to this offence include but are not limited to

1. The accused did not in fact drive a motor vehicle, tram, train or vessel.

2. The accused did not in fact attempt to put a motor vehicle, tram, train or vessel into motion.

3. The accused was not in fact in charge of a motor vehicle, tram, train or vessel.

4. The accused was not under the influence of alcohol (i.e. reading below 0.15) or a drug.

5. The accused does not in fact have a prior conviction in the last 5 years under s 79(1).