Defending Drink Driving Charges and Restoring Livelihoods.
Put your worries to rest knowing you are defended by Donnelly Law Group – specialist drink driving lawyers with 50+ years of combined experience fighting drink driving charges in Queensland.
On a daily basis, we help people attain the best possible outcome in their drink driving matters – helping them get their licence and livelihood back sooner. Regardless of your BAC reading, prior convictions, and licence type, we can help you get back on the road as soon as possible.
Our drink driving lawyers have built a proven track record by combining personal support with legal expertise. We get to know you personally so that we can provide advice on the practical steps and driver programs you need to undertake for a winning chance in court. This relationship also gives us the insight we need to tailor your personalised defence strategy – one that takes full advantage of your case’s unique evidence and mitigating factors for the best possible result.
Our Lawyers Specialise in Drink Driving Offences
- Low-Range Drink Driving (0.05-0.09% BAC)
- Mid-Range Drink Driving (0.10-0.14% BAC)
- High-Range Drink Driving (Over 0.15% BAC)
- No Prior Drink Driving Convictions
- One Prior Drink Driving Conviction
- Two or More Drink Driving Convictions
- Learner and Provisional Driver Offences
- Probationary and Restricted Licence Offences
- Heavy Vehicle Drink Driving Offences
- All Drink Driving Related Offences
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Our Legal Strategy in Drink Driving Matters.
The specialist traffic lawyers at Donnelly Law Group use a two-pronged approach to achieve the best possible outcome in your drink driving matter.
Firstly, we expertly analyse the evidence in your case (including the BAC reading, control of the vehicle, motion of the vehicle, and more). We also scrutinise how your matter has been handled by law enforcement (including the breathalyser equipment used, unlawful police procedure, and more). Any one piece of evidence may give rise to a legal defence and help us tailor a winning strategy.
Secondly, our drink driving lawyers get to know you and your circumstances through open and honest conversation. In some cases, we may arrange for you to undertake practical measures and driver programs that benefit your defence. This helps us prove to the magistrate that you are unlikely to offend again. It also aids your application for a restricted work licence (should you wish to apply).
By using a combined approach of legal strategy and rehabilitation, Donnelly Law Group is often able to argue that no conviction should be recorded and penalties should be minimised.
- Workers worried about their licence and career.
- Parents and carers who need to drive loved ones.
- Truck, bus and taxi drivers.
- Drivers with no prior convictions.
- Drivers with one or more prior convictions.
- People who made an honest mistake.
- People who are anxious about their criminal record as it can lead to complications when applying for jobs, travel visas, child adoption, legal aid, and certain types of insurance.
- People concerned about their public image.
Our Personal Support System in Drink Driving Matters.
Donnelly Law Group understands how stressful and embarrassing it can be to be charged with drink driving. We make this turbulent period in your life as easy and stress-free as possible with our personal support system.
Our drink driving lawyers ensure that you are kept up to date throughout the entire legal process with regular and clear communication. Should you have any questions, we are always here to provide answers and guidance. Plus, we will supply you with step-by-step guides on the role you will play in the process.
The personal support we offer also plays a vital part in shaping your legal defence. Should you want to plead guilty, our drink driving lawyers will help you arrange any practical measures and traffic programs necessary to prove to the magistrate that you are unlikely to offend again. This also helps us demonstrate to the court how crucial your licence is to your career and family.
We genuinely care and want to attain the best possible outcome for you – both in the courtroom and in your personal life.
FAQs.
What should I do if the police want to breathalyse me or talk to me about a drink driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence, and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Can I be charged with drink driving after the event?
In Queensland, the police can require you to conduct a breath or blood test within 3 hours of you driving or being in charge of a motor vehicle.
However, the test must be conducted by procedural law.
If you have been charged with drink driving after the event, contact Donnelly Law Group now to book your free consultation with our specialist drink driving lawyers.
Do I need a lawyer for a drink driving offence?
Having defended and witnessed thousands of drink driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in drink driving offences.
Our drink driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate so that you attain the best possible result.
People who do not engage the help of a specialist drink driving lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of drink driving lawyers will collaboratively research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers drink driving offences in Queensland?
In Queensland, drink driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What is the difference between low, mid, and high-range drink driving?
In Queensland, there are four alcohol limits for drivers. The general alcohol limit for people with an open driver’s licence is 0.05%.
The four blood or breath alcohol concentration (BAC) limits for drivers in Queensland are:
- No Alcohol Limit: A driver is over this limit if they return a BAC of more than zero. This limit applies to learner, provisional and probationary drivers and drivers with licences for particular vehicles (such as truck and coach drivers).
- Low-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.05%.
- Mid-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.10%.
- High-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.15%.
A higher BAC carries higher penalties for the driver. See below for more information about the penalties for each BAC limit.
What are the penalties for drink driving offences in Queensland?
In Queensland, the driver’s BAC and drink driving history are key factors when sentencing someone for a drink driving offence.
The penalties for first-time drink driving offences are as follows:
| BAC | Disqualification Period | Maximum Fine Amount | Maximum Prison Sentence | Mandatory Alcohol Interlock |
|---|---|---|---|---|
| 0.00-0.049% (No Alcohol Drink Driving) | 3-9 Months | 14 Penalty Units | 3 Months | No |
| 0.05-0.09% (Low-Range Drink Driving) | 1-9 Months | 14 Penalty Units | 3 Months | No |
| 0.10-0.149% (Mid-Range Drink Driving) | 3-12 Months | 20 Penalty Units | 6 Months | Yes (Minimum 12 Months) |
| 0.15 and Over (High-Range Drink Driving) | Minimum of 6 Months | 28 Penalty Units | 9 Months | Yes (Minimum 12 Months) |
Drivers who commit repeat drink driving offences face higher penalties. If you are charged with a repeat drink driving offence, you may:
- Have your licence disqualified for up to 2 years;
- Be fined up to 60 penalty units;
- Have your vehicle impounded; or
- Be sentenced to a term of imprisonment determined by the court.
Drivers who return a BAC of less than 0.10 will have their licence immediately suspended for 24 hours. Drivers who return a BAC of 0.10 or more will have their licence immediately suspended until the drink driving charge is finalised in court or withdrawn (conditions apply – see below for more details).
You will have to complete a drink driving education programme before the Department of Transport and Main Roads will issue you with a new driver’s licence (after your disqualification period has ended).
In some circumstances, you may be able to apply to the Magistrates Court for a work licence if you are convicted of drink driving. A work licence is a restricted licence that lets you drive for purposes directly related to your means of earning an income (see below).
The length of your disqualification will be heavily impacted by your defence, evidence and your legal team’s relationship with the local courthouse. Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each drink driving offence.
How long will my licence be immediately suspended after drink driving?
Drivers charged with a low-range drink driving offence (BAC of less than 0.10) will have their licence immediately suspended for 24 hours. However, certain criteria may mean that your licence is suspended for longer than this (see below).
Drivers who meet the following criteria will have their licence immediately suspended until the drink driving charge is finalised in court or withdrawn:
- Drivers charged with a mid-range or high-range drink driving offence (BAC of 0.10 or more);
- Drivers charged with a low-range drink driving offence (BAC of less than 0.10) who have an earlier drink driving charge still pending;
- Drivers charged with a low-range drink driving offence (BAC of less than 0.10) who have authorisation to drive while suspended (section 79E order);
- Drivers who fail to provide police with a sample of breath or blood when requested;
- Drivers who have been charged with dangerous operation of a motor vehicle while under the influence.
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today and book your free consultation with one of our specialist drink driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of drink driving?
If you are convicted of drink driving, you cannot simply ask the Magistrates Court for a work licence. To get a work licence you need to apply in writing to the Magistrates Court and convince the magistrate by providing a lot of detailed information.
There are strict eligibility requirements on who can apply for a work licence after being convicted of drink driving in Queensland. To apply to the Magistrates Court for a work licence, you must meet the following requirements at the time you were caught drink driving:
- Had a BAC of less than 0.15%;
- Held a current Queensland open driver’s licence for the vehicle you were driving;
- Weren’t driving for your job;
- Weren’t driving already under a work licence;
- Weren’t driving under a zero alcohol licence (e.g. learner, provision, probationary or restricted licence); and
- At the time of applying for a work licence, you hold a current Queensland open or provisional driver licence;
- In the last 5 years, you haven’t:
- Been convicted of drink or drug driving or a similar offence;
- Been convicted of dangerous driving in Queensland;
- Had a licence suspended or disqualified (further conditions apply).
Even if you meet all of the above eligibility requirements, you still must:
- Prove to the Magistrate that you are a “fit and proper person”; and
- Prove to the Magistrate that without a work licence, you and your family will suffer extreme hardship because you will be deprived of your means of earning a living.
See our page on Work Licence Applications for more information on work licence restrictions and the application process.
Donnelly Law Group takes the stress and complication out of applying to the Magistrates Court for a work licence. Contact us today and book your free consultation with one of our specialist drink driving lawyers.
Are there any legal defences to drink driving charges?
Yes, there are legal defences available in drink driving matters in Queensland. Defences may include mistaken identity, the driver was not in charge of the vehicle, the driver did not attempt to put the vehicle into motion, police procedural mistakes, duress, necessity and more.
Donnelly Law Group’s specialist drink driving lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for drink driving matters?
A lot of people believe that they cannot afford to hire an expert drink driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay, and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
