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Persons charged with drink driving offences are tried before the Magistrates Court.

The fine amount and disqualification will depend on one’s traffic record, including any previous drink driving offences within the last 5 years. He may also be sentenced to a term of imprisonment.

Penalties for drink driving are summarized in the table below. Note that the penalties correspond to a particular alcohol concentration level found in the blood test result of the offender.

Maximum Penalties
Disqualification of up to 9 months.
0.05 and over, but under 0.10
Maximum fine of $6,600, or imprisonment for a maximum term of 18 months.
Disqualification of up to 18 months.
0.15 BAC or higher
Maximum fine of $6,600, and/or imprisonment for a maximum term of 18 months.

If you fall within the no alcohol limit category (0.00 BAC) or general alcohol limit category (0.05 BAC) and you exceed your limit, your driver licence will automatically be suspended for the next 24 hours from the time the blood testing result is known.

If you are found with a BAC over the middle alcohol limit (0.10), or if you refuse to provide a specimen of breath or blood when asked to, your licence will be immediately suspended until the time when the charge for drink driving is handled by the court.

10. Drink Driving- S79(1) Two Prior Convictions Arising From Motor Vehicle

Persons affected by the consumption of alcohol and drugs have an impaired driving ability. Police officers are advised to take all necessary safety precautions when attempting to stop a vehicle when they suspect that the driver is under the influence of drugs or alcohol.

A person who drives a motor vehicle, tram, train or vessel; or attempts to put in motion a motor vehicle, tram, train or vessel; or is in charge of a motor vehicle, tram, train or vessel while under the influence of drugs or alcohol is guilty of Driving Under the Influence (DUI) under Section 79 of the Transport Operations (Road Use Management) Act Queensland.

If the person has two prior DUI convictions in the last 5 years, he could be punished for maximum penalty of 60 penalty units or 18 months imprisonment. His license may also be disqualified for a minimum of 2 years. He is also not entitled to apply for a work licence.

S79(1) Two Prior Convictions of DUI is a simple offence heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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