Being the Silly Season, life’s going to be full of parties, alcohol and general craziness for the next month. We thought we’d put together a little Q & A session with one of our solicitors about drinking and driving.
Q: What is drink driving or Driving Under the Influence (DUI)?
A: Drink driving is driving whilst under the influence of alcohol. Every drop of alcohol that you consume increases your Breath Alcohol Concentration (BAC). This is what is tested when you have a breath or blood test.
Q: Why is drinking alcohol and driving a problem?
Alcohol reduces your ability to drive safely because it affects your judgement, vision, co-ordination and reflexes. This greatly increases the chances of you having an accident ad hurting yourself and other people. The DUI statistics are scary and very real. Too many people loose their lives when alcohol is involved. A car turns from being a mode of transport into a deadly weapon when the person driving is not compos mentis.
Q: Are there limits to what my BAC can be and what are the penalties if I’m ‘over the limit’?
A: There are four limits in Queensland as shown below:
| Blood/breath alcohol Concentration (BAC) | Comment | License Disqualification | Maximum Fine Amount | Maximum Term of Imprisonment |
|---|---|---|---|---|
| No alcohol limit 0.00 | No charge | Nil | Nil | Nil |
| Minimum alcohol limit Less than 0.05 | This penalty applies to learner, probationary and provisional licenses. Drivers of particular vehicles such as trucks, buses and taxis | 3 to 9 months | $1,766 | 3 months |
| General alcohol limit Equal to or over 0.05 | All drivers will be charged with Driving Under the Influence (DUI) of alcohol | 1 to 9 months | $1,766 | 3 months |
| Middle alcohol limit Equal to or over 0.10 | All drivers will be charged with Driving Under the Influence (DUI) of alcohol | 3 to 12 months | $2,523 | 6 months |
| High alcohol limit Equal to or over 0.15 | All drivers will be charged with Driving Under the Influence (DUI) of alcohol | Minimum of 6 months | $3,532 | 9 months |
Factors such as previous DUI charges, failing to provide police with a specimen of either breath or blood when asked and dangerous driving while affected by alcohol can increase the severity of the charge laid against you by the police. You may also have your car impounded, be fined up to $7,569 and face a term of imprisonment as determined by the court.
Q: What factors affect my BAC?
A: How much alcohol you’ve consumed, how much you weigh, when you last ate, how fit you are, whether you drink regularly and the types of drinks you consume all have an effect on your blood alcohol concentration.
The only thing that reduces your BAC is time. Coffee, cold showers, vomiting and exercise do not affect your BAC and should not be relied on to ‘get someone home safely’. It takes thirty to sixty minutes after your last drink for your BAC to reach it’s peak. Having said that, many people get caught drink driving the day after the party! Be careful if you’ve had a particularly wild night, drinking with a hangover is dangerous as you still have residual alcohol in your system.
Q: Can I refuse to take a breath or blood test?
A: Generally, a person cannot refuse to take a breath or blood test. In Queensland, a person who refuses to take a test faces a fine of up to $4,000 or a six month jail sentence.
Q: Will my license be suspended if I am charged with DUI?
A: Yes. There are mandatory license disqualifications ranging from twenty four hours up to two years. If you’re caught driving whilst your license is suspended, you’ll face further charges which include license suspension for up to five years, a fine and possible jail time. The severity of the charges will take into account any previous charges and convictions against you.
Q: What happens if I get charged with DUI?
A: We recommend that you contact a lawyer as soon as possible. No, this is not a marketing opportunity for CBC. Things start to get tricky from here on in.
You will be presented with a Notice to Appear in Court and a Notice of Suspension or Disqualification of your license. Depending on the circumstances, your license may be suspended immediately and you may not be able to drive until you appear in court. You will be required to go to court where a magistrate will decide the length of your license disqualification and whether you will be fined or sentenced to a term of imprisonment. At this stage, you really need someone who understands the legal system to represent you.
When your disqualification ends you can apply to have your drivers licence reissued. You will be given a probationary license which you must hold for at least one year. The BAC for this license class is 0.00.
Q: What advice do you have for drivers out there?
A: Have fun this festive season but do it responsibly. Drink driving is one hundred percent avoidable, so don’t become another statistic!