The Wiseman Lawyers team have saved the livelihoods and lifestyles of thousands of Queensland motorists over the years. The sooner you engage a Truly Specialised Drug Alcohol & Traffic Lawyer, the better. However, given we can't be in the vehicle with you when intercepted, we have compiled for you a list of the Top 5 Things To Know When Caught DUI Drink Driving.
1. YOU ARE NOT ENTITLED TO A BLOOD TEST
When intercepted for a Random Breath Test, Queensland motorists are obliged to provide a sample of breath. This is not optional, and there is no provision for a blood test as an alternative. A breath sample must be provided upon request by a Queensland Police officer. Failure to provide a proper breath sample at the roadside can result in fines, whereas failure to provide a proper breath sample either in a Booze Bus or at a Police Station carries a Mandatory Minimum driver's licence disqualification of 6 months, with a lifetime maximum. Requests for a breath sample are not negotiable, and a blood test is not an option.
2. YOU CAN BE BREATHALYSED UP TO 3 HOURS AFTER DRIVING
Queensland Police have the power to breathalyse a person up to 3 hours after having been witnessed driving. Any alcohol consumed post driving will obviously elevate the blood alcohol concentration reading. However, this is no defence. All the Police need to prove is that you were witnessed driving, and that when breathalysed within a 3 hour window of that driving, your blood alcohol concentration was above 0.05. While there is provision to request a 'countback' (the Police lab calculating an estimated blood alcohol reading at the time of driving), this will not be enough to get a person out of a DUI Drink Driving charge, it will only mitigate penalty.
3. YOU CAN BE CHARGED WITH DUI DRINK DRIVING WITHOUT EVEN DRIVING
In Queensland, persons can be charged with simply 'Being In Control' of a vehicle. 'Being In Control' does not mean that the person was driving, it does not even mean that the engine was on or that the keys were in the ignition. It literally just means that the person was simply 'In Control', in much the same way as a dog owner is 'In Control' of the dog at the end of their leash. Technically, a person can be asleep in the car's boot, with the keys in their shoe, and they will still be at law 'In Control of a Vehicle'. The penalties for being 'In Control' of a vehicle with a blood alcohol concentration over the permitted limit are the same as those for actually DUI Drink Driving.
4. YOU CAN BE CHARGED WITH DUI DRINK DRIVING ON A HORSE OR MOTORISED ESKY
In Queensland, the legal definition of vehicle, for the purposes of the DUI Drink Driving legislation, is any 'self-propelled device'. In fact, the definition has even been broadened beyond that, to include non self-propelled devices such as push bikes. Accordingly, persons are regularly charged for DUI Drink Driving on livestock, motorised Eskies, ride on mowers, motorised skateboards, and the likes. The penalties for riding a horse and any other self-propelled device with a blood alcohol concentration over the permitted limit are the same as those for actually DUI Drink Driving.
5. DAVE GROHL OF THE FOO FIGHTERS IS A KEY DUI DRINK DRIVING CASE IN QUEENSLAND
In Queensland, DUI Drink Driving convictions must be recorded, unless persuasive documentary evidence of any hardship which may result can be tendered. As amusing as this may sound, the key Queensland case on this issue is that of Riordan v Grohl, which arose when Foo Fighters frontman Dave Grohl was charged with DUI Drink Driving while on the Gold Coast for the Big Day Out. Mr Grohl's conviction was recorded by the Magistrate, so he appealed to the District Court and then the Court of Appeal on the basis that he needed to travel the world with the Foo Fighters. The higher Court refused the appeal, and the recorded conviction remained. We now have a situation where all most every Queensland Magistrate is aware of 'the matter of Grohl', but one wonders how many know of, let alone listen to, the Foo Fighters.
LICENCE NEED SAVING? OR WORSE?
Wiseman Lawyers specialise in Drug Alcohol & Traffic offences. If you face loss of licence, imprisonment, or anything in between, we can and will help you today - Call us on 1300 947 352. Alternatively, click on the button below to complete a Free No Obligation Case Assessment Request Form. Whether its getting you a Work Licence or Hardship Licence, minimising the disqualification, or keeping you out of jail, we will get the job done.
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.