Drink Driving

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

• Give your name and address: You must provide accurate personal information to the police officer. Failing to do so can lead to additional charges.
• Show your driver’s licence: You are required to present your current driver’s licence to verify your identity and driving eligibility. If you do not have your licence with you, this may result in penalties.
• Take a roadside breath test: This initial breath test must be conducted within two hours of being in control of the vehicle. It is used to quickly assess your blood alcohol concentration (BAC). Refusal to take this test is an offence.
• Take a breath test at a police station: If the roadside test indicates a BAC over the legal limit, you will be taken to the police station for a more accurate breath analysis.
• Have a doctor take blood from you for testing: In certain situations, police may require a blood test to determine your BAC, especially if you are unable to provide a breath sample due to medical reasons.

It is an offence if you:

• Don’t give your name and address: Failing to comply with police requests for identification can lead to further legal complications, including additional charges and penalties.
• Refuse to provide a breath test: This is referred to as failing to provide a breath specimen and is treated as seriously as a drink driving offence, leading to potential fines and disqualification.
• Refuse to allow a blood test: If you refuse to submit to a blood test when requested by the police, it can result in severe penalties, including disqualification from driving.

Queensland has a zero-tolerance approach to those convicted of drink driving. Drivers found to be ‘over the limit’ will be disqualified from holding a licence. While the Court has no discretion regarding the disqualification, the length of the disqualification depends on various factors.

• First-time offenders: Typically face a disqualification period along with a fine. The disqualification may last for several months, depending on the severity of the offence and the driver’s BAC level at the time of the offence.
• Second and further offences: For subsequent convictions, both the length of disqualification and additional penalties increase significantly. This may include longer disqualification periods and higher fines, as well as potential imprisonment, especially if the driver has a high BAC level.
• Severe penalties for repeated offences: If a person is convicted three times within five years, particularly with BAC readings above 0.15%, the legislation mandates a minimum period of incarceration. This is to deter repeat offenders and enhance public safety.

In limited circumstances, there may be a defence to a charge of drink driving. Examples include:

• Mistaken identity: If you were incorrectly identified as the driver or the person in charge of the vehicle, this can serve as a valid defence.
• Not being “in control” of the vehicle: If you can demonstrate that you were not in control of the vehicle at the time of the alleged offence, you may have grounds for a defence.
• Serious procedural mistakes: If the police did not follow proper procedures during your arrest or the testing process, this could lead to the dismissal of charges.
• Involuntary intoxication: If you were unknowingly intoxicated due to substances being administered without your consent, you may be able to argue this as a defence.
• Compulsion or duress: If you were forced to drive under threats or coercion, this could serve as a defence against the charge.
• Extraordinary emergency: If you were faced with a genuine emergency that compelled you to drive under the influence to prevent harm, this could also be considered a defence.