DRINK DRIVING LAWYERS

If the police pull you over or find you in a car and think you may be under the influence of alcohol they can require you to:

• Give your name and address
• Show your driver’s licence
• Take a road side breath test (this test must be done within two hours of you being in charge Take a breath test at a police station
• of the vehicle)
• Have a doctor take blood from you for testing

It is an offence if you:

• Don’t give your name and address
• Refuse to provide a breath test (called failing to provide a breath specimen)
• Refuse to allow a blood test

Queensland has a nil tolerance approach to those convicted of drink driving. Drivers who are found to be ‘over the limit’ will be disqualified from holding a licence.  While the Court has no discretion (choice) as to whether to disqualify a drink driver, the length of the disqualification will depend on numerous different factors.

First time offenders will normally attract a disqualification and a fine.  For second and further offences, both the length of the disqualification and any additional punishment will increase up to and including imprisonment.  In fact, once a person is convicted 3 times in 5 years (with readings above 0.15), the legislation provides that part of the punishment must include a period of time in jail.

In some limited circumstances there may be a defence to a charge of drink driving.

Examples of this are:

• Mistaken identity
• Not “in control” of vehicle
• Serious procedural mistakes
• Involuntary intoxication
• Compulsion/Duress
• Extraordinary emergency