Can I sleep it off in the car?

Even if you are asleep in the back seat of your motor vehicle or even your ute tray, it is a drink driving offence to be over the legal driving limit and in charge of a motor vehicle, even if the keys aren’t in the ignition or close by.

Can I drink drive on private property?

There is no requirement in the relevant legislation that the drink driving takes place on a road. Additionally, there is a specific section that allows breath testing to take place on private property.

Can I refuse to take a breath test?

The police can charge you for refusing to take a test and then you are deemed to have been guilty of a high range (greater than 0.15% blood alcohol concentration) drink driving charge which means that you must lose your licence for at least 6 months and you are not eligible to apply for a work licence.

What should I do if the Police want to ask me questions?

Police Officers usually have digital recorders in their pockets and body worn cameras these days and any admissions or other things that you say or do may be aired in the courtroom and used against you. We recommend that you tell the Police (as required by the legislation), your name, date of birth and address. Otherwise, we recommend that you decline to answer any questions.

What else should I do?

Call an experienced traffic lawyer as soon as possible and obtain legal advice. You can call us! We are based in Toowoomba, Brisbane, Gold Coast and across South East Queensland. We also operate all across Queensland and attend for matters in all Queensland Courts. Our 24 hour advice line is 07 4638 9433.

Drink Driving Lawyers - Toowoomba, Brisbane & Gold Coast

Drink Driving (DUI) Lawyers Queensland

Brisbane, Toowoomba, Gold Coast, Queensland

Have you recently been charged with a drink driving offence?

Don’t go it alone. Our experienced lawyers know the relevant law and what is the most important information to put before the court that will give you the best chance of securing a shorter disqualification period and obtaining a restricted, special hardship or work licence as a result of your drink driving charge.

It is mandatory for the court to disqualify your licence. The period of disqualification differs depending on the level of alcohol and whether you are a repeat offender, your traffic history generally and personal circumstances. An experienced drink driving lawyer is able to properly provide this information to the Court and make relevant submissions as to the appropriate penalty.

Appropriate sentencing submissions can mean the difference between the mandatory minimum period of disqualification, and a period longer than that being imposed.

We can assist you

Our dedicated traffic lawyers are able to walk with you side by side through this daunting process. They understand that a split second decision can have life changing consequences.

With compassion, empathy and with a meticulous attention to detail, our team will ensure you are supported and understand the available legal options for you during your matter.

You are able to contest the charges and elect to proceed to a final hearing also known as a trial. This is where the Police are required to prove each element of the charge beyond a reasonable doubt.

Otherwise, you can plead guilty to the offence and be sentenced. A sentence is where the Magistrate in the Magistrates Court issues you a penalty for the offence. Penalties can range from fines to actual imprisonment. It is a serious matter and so you and your legal team should take it seriously.

Speak to the best.

Restricted licence or special hardship licence (work licence)

Our drink driving lawyers are able to assess your situation and help you apply for a restricted licence, or special hardship licence (also known as a work licence). To be eligible to apply, you must fit these criteria:

You must hold a current Queensland open licence;
Your licence has not been suspended, cancelled or disqualified in the last 5 years;
You must not have been convicted of dangerous driving, drink driving or similar offence in the last 5 years;
Your blood alcohol reading was below 0.15%;
Not have been driving on a licence which required your blood alcohol level to be zero;
Not have been driving for work or any activity directly connected with your work or on a work licence already at the time of your charge.

To apply for a restricted licence, or special hardship licence (also known as a work licence) you, or your traffic or criminal lawyer on your behalf, need to file the Application with the Court and serve a copy on both the Police Prosecutions and the Traffic Prosecutions departments.

You then have to attend at Court to have the Application heard. This is usually done at the same time that you plead guilty for the drink driving (DUI) offence. When you plead guilty, you will then be sentenced and you will receive a penalty for that drink driving offence. This can include a period of imprisonment, but in lesser offences or for first time offences it is open for a court to issue you a fine as a penalty, along with the disqualification.

You are not automatically granted a restricted or special hardship licence. The Court still has to hear the Application and consider whether it should be granted. Among other things, the Court has to consider if you are a ‘fit and proper person’ to hold the licence. This includes consideration of the circumstances that led to the drink driving offence. It is important that you engage a lawyer who has years of experience drafting and successfully applying for these licences

Our Traffic Law Team

Jag MacDonald

Legal Practitioner Director
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Ryan McCullough

LLB Grad. Dip. Legal Practice
Solicitor

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Tegan Crighton

LLB, Grad Dip (Leg. Prac.)
Solicitor
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Sophia Williams

Administrative Assistant
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Ainsley Haimes
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FAQ - Frequently Asked Questions

Can I sleep it off in the car?

Even if you are asleep in the back seat of your motor vehicle or even your ute tray, it is a drink driving offence to be over the legal driving limit and in charge of a motor vehicle, even if the keys aren’t in the ignition or close by.
Button
Can I drink drive on private property?

There is no requirement in the relevant legislation that the drink driving takes place on a road. Additionally, there is a specific section that allows breath testing to take place on private property.
Button
Can I refuse to take a breath test?

The police can charge you for refusing to take a test and then you are deemed to have been guilty of a high range (greater than 0.15% blood alcohol concentration) drink driving charge which means that you must lose your licence for at least 6 months and you are not eligible to apply for a work licence.
Button
What should I do if the Police want to ask me questions?

Police Officers usually have digital recorders in their pockets and body worn cameras these days and any admissions or other things that you say or do may be aired in the courtroom and used against you. We recommend that you tell the Police (as required by the legislation), your name, date of birth and address. Otherwise, we recommend that you decline to answer any questions.
Button
What else should I do?

Call an experienced traffic lawyer as soon as possible and obtain legal advice. You can call us! We are based in Toowoomba, Brisbane, Gold Coast and across South East Queensland. We also operate all across Queensland and attend for matters in all Queensland Courts. Our 24 hour advice line is 07 4638 9433.
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