High range drink driving in Queensland is considered a serious offence. How serious the penalty will be, is dependant on how high your alcohol reading is. Any person found driving a vehicle with an alcohol limit of over 0.15%, will be considered over the high alcohol limit and will be charged with a high-range drink driving offence.
This offence is deemed the most serious drink driving offence. For first time offenders, it carries a maximum penalty of 9 months imprisonment and/or 28 penalty units ($3,736.60). For second time offenders that commit the offence within 5 years, the offence carries a maximum penalty of 18 months imprisonment and/or 60 penalty units ($8,007). For a third time offender within 5 years of the first, there must be a term of imprisonment imposed as part of the sentence.
If you have been found guilty of a high-range drink driving offence, you will also have your Queensland driver’s licence disqualified for a minimum of 6 months. For second time offenders, the driver’s licence will be disqualified for a minimum of 1 year, and a minimum of 2 years for any subsequent offences. A court has the authority to disqualify an offender from ever holding or applying for a Queensland driver’s licence again; even for a first time high-range drink driving offence. However, this is not common.
Generally a person is only facing a period of imprisonment for a drink driving offence if they have prior recent convictions for high range drink driving offences, if it is coupled with other serious traffic offences such as Dangerous Operation of a Motor Vehicle or Disqualified Driving or if they are involved in a serious accident that has caused serious damage or injury to another person. In most cases though a more serious charge would be preferred.
You will also be required to have an Alcohol Ignition Interlock device fitted to your vehicle for a period of 12 months once you get your licence back. To find out more about the Alcohol Ignition Interlock device, click here.
This post contains general advice only and is not intended as legal advice.
