What is considered low range drink driving Qld?

A person can be charged for low range drink driving even if he is not actually driving but as long as he can exercise control over the vehicle. This includes acts such as sitting in the car with the keys in your possession or sleeping while having the prohibited BAC level. The instruments used to measure the BAC are usually accurate. However, the accused may raise the defence that he is not in charge of the vehicle at the time that he was caught or there was no intention of driving the vehicle like he does not have the keys in his possession.

If the police do think you have been drinking alcohol they may request that you provide your name and address and produce your driver's license at the very least. They may also demand you submit to a road side breath test which has to take place within two hours and a blood test as well. You are committing an offence if you fail to provide your name and address; refuse to provide a specimen of your blood or refuse to give a breath test.

You may think that it is not justifiable to submit to any of the police’s requests as you had no intention of driving anyway. The police do not know if you are going to drive so as a precaution they try to prevent you from doing so. If you know that your intention was not to drive and you do not wish to be convicted of a low range drink driving offence then you should contact an experienced Queensland lawyer who will take up your case on your behalf and ensure that the truth is upheld and any penalty imposed on you is correct. In many instances a well argued case can result in a charge being dropped.

If you have been charged with a traffic offence, it is important that you seek legal advice.

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If you’re caught drink driving, you will have to go to court.

A magistrate will decide the length of your licence disqualification and whether you will be fined or sentenced to a term of imprisonment.

The severity of the penalty will depend on your:

• blood/breath alcohol concentration (BAC) at the time of the offence
• traffic history, including whether you have been previously convicted of a drink driving offence.

Penalties for a first drink driving offence

The following table shows the maximum penalties that may apply for a first-time drink driving offence:

24-hour suspension

A 24-hour licence suspension will apply where your BAC is less than 0.10. Your licence will be suspended for at least 24 hours from the time your BAC is confirmed as having exceeded the limit that applies to you.

Immediate suspension

Your licence will be immediately suspended if you:

• have been charged with a low range drink driving offence (over 0.0 but under 0.10 BAC) while:
• an earlier drink driving charge is still pending
  or
• you were the holder of a section 79E order and your replacement licence is subject to an X4 condition
• have been charged with a mid range or high range drink driving offence (0.10 BAC and over)
• fail to provide police with a specimen of breath or blood when requested
• have been charged with dangerous operation of a motor vehicle while under the influence.

The immediate suspension will end when the drink driving charge has been dealt with by the court, is withdrawn or discontinued.

Penalties for repeat drink driving offences

If you are charged with a repeat drink driving offence, you may:

• have your car impounded (if you have a BAC 0.15 and over or fail to provide a specimen of breath or blood)
• have your licence disqualified for up to 2 years
• be fined up to $8,625
  or
• be sentenced to a term of imprisonment determined by the court.

Getting your licence after your disqualification

When your disqualification ends you can apply to have your driver licence reissued. You will be issued with a probationary licence, which you must hold for at least 1 year. You may also need to complete a short online drink driving course or the repeat drink driving course. You may also be subject to the alcohol ignition interlock requirement once your disqualification ends.

Last updated: 1 July 2022

It’s tempting to think of low range drink driving as an offence that you don’t need to worry about. Despite the name though, low range drink driving in Queensland is treated seriously by both police and the Courts.

In this article, we’ll take a closer look at how low range drink driving works in Queensland, when it applies and what you can expect in terms of process and penalties.

What Is Low Range Drink Driving in Queensland?

You probably already know that the maximum legal alcohol limit for open licence drivers in Queensland is 0.05% blood alcohol concentration (BAC).

Low range drink driving, in Qld, is the charge that you will receive if you are caught driving with a BAC of over 0.05% and under 0.10%.

So let’s put that in practical terms with some help from the BAC calculator over at HealthEngine. You could well be inside that blood alcohol range if you:

• are a 75kg male who has consumed 5 standard drinks in 2 hours
• are a 65kg female who has consumed 4 standard drinks inside 2 hours
• are a 95kg male who has consumed 6 standard drinks in 3 hours
• are an 85kg female who has consumed 8 standard drinks in 7 hours

Lots of variables there of course, but in short: it’s an easy range to fall into if you’re not paying attention.

What Happens to Your Licence with a Low Range Drink Driving Offence?

Your licence is going to get suspended immediately for 24 hours in a low range drink driving offence.

That 24 hours begins from when your BAC is confirmed by breath or blood.

If it’s your first offence and a Court convicts you of low range drink driving then you’re going to get a licence suspension somewhere between 1 and 9 months, as you’ll see in the table below.

If you’re found driving during that 24 hour immediate suspension period or any later Court-ordered period then that will be a further offence with a maximum penalty of up to 12 months imprisonment or 40 penalty units (as at August 2020 this is $5,338).

What are the Other Penalties for Low Range Drink Driving Qld?

Aside from the impact on your licence, low range drink driving also comes with a maximum fine of $1,868 and 3 months imprisonment, as set out in the table below:

Will You Have to Go to Court for Low Range Drink Driving?

Yes, a low range drink driving charge is going to involve a trip to the Magistrates Court.

Because of this, we really recommend not trying to deal with the charge yourself and engage a lawyer instead. Even in straightforward situations, a lawyer can help ensure that the Court is aware of any relevant factors that might affect any penalties, or potentially any issues that might get the charge dismissed entirely.

Does Low Range Drink Driving Result in a Conviction?

The starting position is that you’ll have a traffic conviction recorded if you are found guilty of low range drink driving charge.

This means that the offence may show up on searches by prospective employers, could impact overseas travel and sometimes you might need to disclose the conviction (for example, to bodies governing your professional membership).

In some cases, your lawyer might be able to argue that no conviction should be recorded, but that’s something on which you would need to get specific advice for your situation.

Things that Make the Penalty Worse

Above we’ve set out the likely range of potential outcomes where this is your first charge of low range drink driving and there are no agrevating factors. However, in some situations, the consequences can be worse. These include, for example:

• you refuse to provide police with a breath or blood specimen when asked to do so;
• you’ve been charged with dangerous operation of a motor vehicle while under the influence;
• if you have an earlier drink driving charge that hasn’t been heard yet; and
• you’ve been previously charged with drink driving within the last 5 years;

For repeated drink driving offences you might have your car impounded, your licence disqualified for an extended period, a larger fine, a Alcohol Ignition interlock or potentially a term of imprisonment. For these reasons it’s important you let your lawyer know if there is history of any kind that might impact your situation.

Been Charged with Low Range Drink Driving?

As you’d expect us to say, the first and best thing you should do is to get in touch with us so we can help you through the process.

We can also help you understand the potential to have the charge discontinued, no conviction recorded or possibly applying for a work or special hardship licence.

You can get in touch here, and we’d be happy to help.