Driving Under the Influence Lawyer Brisbane.
Your Criminal Lawyers in Brisbane & Sydney
Defending individuals accused of driving while impaired by alcohol or drugs, including DUI/DWI charges.
At CG Legal, we understand the seriousness of DUI charges and the impact they can have on your life.
Protecting Your Rights and Pursuing a Strong Legal Defence.
Our dedicated team of criminal defence Driving Under the Influence Lawyer Brisbane specialises in defending individuals accused of driving while impaired by alcohol or drugs, including DUI/DWI charges.
Our DUI Defence Services:
Personalised Defence Strategies: We develop personalised defence strategies tailored to the specific circumstances of your case, aiming to protect your rights and achieve the best possible outcome.
Thorough Case Analysis: Our team conducts a meticulous analysis of the evidence and details surrounding the alleged offence to identify potential defences and weaknesses in the prosecution’s case.
Challenging Breath and Blood Tests: We have experience in challenging the reliability and accuracy of breath and blood tests, which are often critical pieces of evidence in DUI cases.
Negotiations and Plea Bargains: We engage in skilful negotiations with the prosecution to explore possible plea bargains or alternative resolutions that may lead to reduced charges or lighter sentencing.
Courtroom Advocacy: Should your case go to trial, our experienced trial attorneys will vigorously advocate for your innocence, presenting a strong defence before the court.
Minimising Consequences: We understand the potential consequences of a DUI conviction, including license suspension and increased insurance premiums. Our lawyers work diligently to minimise the impact of the charges on your life.
Driving Under the Influence (DUI) & Drink Driving Lawyer Brisbane
Thank you for considering CG Legal as your trusted drink driving lawyers for your DUI charge in Brisbane. Whether you stumbled upon this page by searching for a “Brisbane drink driving lawyer near me” or simply “Brisbane drink driving lawyer,” rest assured that you’ve arrived at the right place. We have been dedicated to representing individuals facing DUI and Drink Driving charges in the Brisbane courts for years, and our deep familiarity with the local legal landscape, as well as the magistrates, sets us apart.
It’s natural to be concerned about your reputation, the court proceedings, and the long-term implications of a drink driving charge. Choosing CG Legal as your legal representation sends a clear message to the court that you are taking this charge seriously and are committed to achieving the best possible outcome. As one of the most seasoned drink driving law firms in Brisbane, we bring years of experience to your case, ensuring that you receive expert guidance and support throughout the legal process.
Additionally, our expertise extends beyond defence; we can assist you in assessing your eligibility for a work license, enabling you to maintain your ability to drive for employment purposes even after your drink driving case is resolved. Our comprehensive approach ensures that you have access to the best legal counsel and a strategy tailored to your unique circumstances.
Driving Under the Influence (DUI)
Being charged with driving under the influence (DUI) is a significant offence, with potential repercussions for both your driver’s license and your finances. DUI is commonly referred to as high-range drink driving, and this designation stems from the fact that you can only face this charge if your blood alcohol content (BAC) measures .15 or higher. The law presumes that you were operating a vehicle under the influence of alcohol when your BAC reaches this elevated level. This traffic offence is delineated in section 79(1) of the Transport Operations (Road Use Management) Act 1995.
Drink Driving Penalties for in Queensland
In the state of Queensland, operating a vehicle while under the influence of alcohol or with a blood alcohol content (BAC) exceeding the prescribed limits results in a serious offence. The legal framework for drink driving penalties in Queensland is outlined in the Transport Operations (Road Use Management) Act of 1995. This page is dedicated to providing comprehensive information on the penalties associated with drink driving in Queensland.
Four BAC Levels
Queensland’s drink driving offences are categorised into four distinct blood alcohol content (BAC) levels, each associated with its set of legal consequences:
No Alcohol Limit (0.00): This level signifies a complete prohibition on alcohol consumption while driving. Any trace of alcohol in your system constitutes an offence.
General Alcohol Limit (0.05): For drivers with a BAC exceeding 0.05, but less than 0.10, this is classified as a general alcohol limit offence.
Middle Alcohol Limit (0.10): When a driver’s BAC falls between 0.10 and 0.149, it is considered a mid-range offence.
High Alcohol Limit (Over 0.15): Exceeding a BAC of 0.15 or more is categorized as a high-range offence, representing a significant breach of the alcohol limit.
Immediate Licence Suspensions
For drivers caught with a positive BAC lower than 0.10, termed as a low-range drink driving offence, a 24-hour automatic licence suspension is imposed by the Queensland police. Additionally, the police hold the authority to issue an immediate licence suspension that remains in effect until the matter is resolved by a court. This occurs in cases where an individual:
- Commits a low-range offence while another drink driving matter is still being processed.
- Is charged with mid or high-range drink driving.
- Fails to provide a breath or blood sample for analysis.
- Is charged with dangerous driving in conjunction with a drink driving offence.
First-Time Drink Driving Penalties
In Queensland, a person found guilty of drink driving for the first time faces varying suspension periods, depending on the severity of the offence—ranging from three months to a year for low-range, medium-range, or high-range offences. The maximum fines range from $2,012 to $4,025.
For those who breach the no alcohol limit while holding a learner, probationary, or provisional license, penalties include a maximum suspension period of nine months, a maximum fine of $2,012, and the potential for imprisonment for up to three months. Although terms of imprisonment are infrequent for first-time drink driving offenders, courts may impose jail sentences if the circumstances warrant a more severe penalty than a fine alone.
Drivers caught with a BAC exceeding 0.05 but falling below 0.09 commit a low-range offence. The associated penalties include a maximum suspension of nine months, a maximum fine of $2,167, and the possibility of a magistrate ordering a term of imprisonment of up to three months, if deemed necessary.
Mid-range offences occur when the BAC level ranges from 0.10 to 0.149. Penalties for mid-range offences include a maximum suspension period of 12 months, a maximum fine of $3,096, and the potential for the court to impose a term of imprisonment of up to six months.
A high-range offence is committed when a driver’s BAC level is 0.15 or greater. In such cases, the suspension period is at the discretion of the magistrate, with no legislated maximum period. However, it will not be less than six months. The maximum fine for a high-range offence is $4,334, and the court may impose a term of imprisonment of up to nine months, particularly in cases where the seriousness of the offence warrants such a penalty.
Seeking Professional Legal Advice for Traffic Offences.
It’s a fact that everyone makes mistakes, and individuals dealing with traffic charges may find themselves at risk of job loss and future employment prospects being compromised. At CG Legal, our team of highly skilled traffic lawyers understands the challenges you face during this challenging time and how crucial it is to seek professional legal guidance. We possess the necessary skills and extensive experience in handling traffic offences to help you achieve the best possible outcome, minimising the impact on your daily life.
Traffic offences are a multifaceted aspect of the law, and we recognise that a one-size-fits-all approach is not in the best interests of our clients. With us, you can anticipate a personalised service tailored to your unique circumstances. Our team comprises top-tier industry professionals, ensuring that you are represented by the finest in the field. Be assured that a senior lawyer with a profound understanding of the legal intricacies involved in traffic offences will stand by your side. Don’t jeopardise your future with inexperienced representation.
Engaging a lawyer for a drink driving charge in Brisbane City, QLD
Engaging the services of a traffic lawyer is a challenging choice, as it’s crucial to ensure that the traffic law firm you select is reputable and experienced. Additionally, having clarity about your legal expenses and the expertise of the traffic lawyer assigned to your case in Brisbane’s courts is paramount.
Expert Legal Advice and Representation
At CG Legal, we boast an extensive track record, having represented numerous clients charged with drink driving or DUI in the Brisbane Magistrates Court. What sets us apart is our commitment to transparency; we offer fixed prices, allowing you to have a clear understanding of your legal costs.
Frequently Asked Questions
In any legal case, it falls on the police to prove that you committed the offence. In the context of a charge like this, the burden of proof is generally straightforward. The police possess broad authority to conduct breathalyzing tests, and in most instances, individuals facing this charge are either found seated in the driver’s seat of a vehicle before the breath test or have been driving a vehicle before the test was administered.
The breath analysis device used by the police at the roadside provides only an indication of your blood alcohol content (BAC). To secure a BAC reading that can be used as evidence against you, the police must transport you to a police station where a specialized instrument, typically available at most police stations, is used to analyze your breath. It’s important to note that the reading obtained at the roadside may differ from the one at the police station. However, it is the station reading that prosecutors rely on in court. As part of their case, the police are obliged to present a “breath analysis certificate” to the court as evidence of your BAC. The legislation governing these certificates makes it particularly challenging to successfully challenge them. To our knowledge, there have been no instances where such a challenge has proven successful.
Defences to a drink driving offence have become increasingly limited. The police must conduct the breath or blood test within three hours of your driving and adhere to legal requirements. However, a potential defense exists if you are charged with failing to provide a breath sample. You can establish a defense for this charge by proving that a physical condition prevented you from providing a sufficient breath specimen. This area of the law is highly technical, and seeking legal advice is advisable if you believe you have a defense. Further details on potential defenses can be found in our article on defenses to a drink driving charge.
If you plead guilty to driving under the influence, the minimum driver license disqualification period is six months. While a six-month disqualification is relatively uncommon, our experienced lawyers have achieved such outcomes with the right legal knowledge and presentation. In most cases, you can expect a fine close to $1,000 unless you have prior drink driving offences, which may result in different penalties such as probation or suspended imprisonment. An interlock condition on your license is mandatory and lasts for a minimum of 12 months. This requires you to take your vehicle to an approved installer, incurring initial installation and ongoing maintenance and calibration costs. Additionally, you must participate in a “driver education program” at your own expense. More information on this can be found here.
Drink driving matters are typically dealt with in a Magistrates Court in Brisbane. When charged, you will receive a notice to appear in court or bail to appear on a specific date. The police prosecutor will read the charge to you, and you’ll be asked how you plead. If you plead guilty, the court will usually address your case immediately. Your lawyer or you (if unrepresented) will present the circumstances, what occurred, why it happened, any positive actions taken since the offense, your general character, and the impact of the penalty, including the disqualification, on you. The court will consider any additional material that might reduce the penalty, such as character references or completing a driving course. Once the magistrate has heard the necessary information, they will convict you, impose a penalty, and disqualify you from driving. If you’ve applied for a work licence, the magistrate will indicate whether it’s granted and specify the conditions. After disqualification, you must immediately surrender your driver’s license to the police prosecutor, as it is an offense to possess your license after disqualification from driving.
Traffic convictions, including those related to drink driving, are categorised as traffic convictions and do not appear on a person’s criminal history, despite being criminal charges. Courts are generally unlikely to refrain from recording a conviction on a person’s traffic history unless specific evidence is presented that demonstrates a traffic conviction would harm the individual in some way. However, it’s essential to be aware that having a DUI conviction may complicate or prevent overseas travel, particularly to Islamic countries, the United States, or Canada. Additionally, some employers may request a person’s traffic history if they are applying for a job that may involve driving a company vehicle. You can find more information in our article on criminal convictions for drink driving charges.
You can find yourself charged with a drink driving “in charge of a vehicle” offence even if you weren’t actively driving the vehicle at the time of your arrest. This charge arises when you had control of the motor vehicle, which may include situations where you were seated in the driver’s position with the keys in proximity, even if you had no intention of driving. This scenario commonly occurs when individuals are waiting in the car to be picked up, searching for something inside the vehicle, or simply resting in the vehicle.
Importantly, it doesn’t matter whether the vehicle was on a public road or private property, such as a car park or driveway. Being charged with drink driving “in charge of a vehicle” can have legal consequences regardless of the location of the incident. It’s essential to be aware of the broader circumstances that can lead to such charges and to seek legal counsel if you find yourself facing this situation.
The potential penalties for theft and property crime convictions in Queensland can range from fines and probation to imprisonment. The severity of the penalties is influenced by factors such as the value of stolen property and the presence of aggravating circumstances.
If you held an open driver’s licence at the time of the drink driving offence, were charged with low or mid-range drink driving, and have not faced any licence suspensions in the past five years, you may be eligible to apply for a work licence. It’s important to note that this application must be made when you appear in Brisbane to plead guilty and cannot be done after the fact. However, for high-range drink driving (driving under the influence), applying for a work licence is not an option.
A work licence grants you permission to drive for work-related purposes only and does not allow for personal driving, such as taking your children to school. In Queensland, a disqualification period is typically imposed, and your best course of action is to minimize this period as much as possible.
Effective arguments and well-structured submissions before a Magistrate can significantly reduce the duration of your disqualification. Our extensive experience in Brisbane’s courts has given us insights into the factors that can lead to the imposition of the shortest possible penalty, and we are well-equipped to guide you through this process. For further information, you can explore our section on work licences or consult the most comprehensive guide to applying for a work licence available online.
It’s not uncommon for our clients, especially first-time drink drivers, to be perplexed about how they ended up exceeding the legal alcohol limit. From our extensive experience, several factors typically contribute to this situation, including:
- Elevated stress levels
- Skipping meals before consuming alcohol
- Opting for stronger, non-pre-mixed drinks
- Losing track of the number of drinks consumed
- Miscalculating the time it takes for the alcohol level to decrease after ceasing drinking
- Individual body type and the amount of body fat
- Rapid consumption of alcoholic beverages
We’ve encountered clients who adhered to the old guideline of having two standard drinks in the first hour and one each subsequent hour but still found themselves over the limit. Alcohol affects individuals differently, and understanding these factors can shed light on how you may have exceeded the limit.