Introduction
DUI (Driving under the influence) is a severe offense with various consequences. In Australia, DUI charges vary by state and territory, but they all have one thing in common: driving while impaired by drugs or alcohol is illegal.
According to the Australian Transport Council, drunk driving is the number one factor in approximately 40% of fatal crashes. More than 1 in 4 drivers and passengers killed during that time had a BAC exceeding the legal limit.
Subsequently, Australia has imposed strict laws and penalties regarding drinking and driving. For the last quarter century, the set legal limit has been 0.05 blood alcohol concentration (BAC) for full-license holders and zero for learners and probationary license holders.
If you are arrested for DU in Queensland, you may face different types of charges depending on the circumstances of your arrest. Therefore, it is vital to understand these charges and their implications to make informed decisions. However, when you are arrested, contact a reliable DUI lawyer in Brisbane to protect your rights.
Different Types Of Dui Charges You Should Be Aware Of
Low-range DUI
A low-range DUI charge typically applies when a driver is caught driving with a blood alcohol concentration (BAC) between 0.05% and 0.099%. It is the most common type of DUI charge in Queensland.
Mid-range DUI
A mid-range DUI charge is more severe and applies when a driver is caught driving with a BAC between 0.01% and 0.149%.
High-range DUI
A high-range DUI charge is the most severe DUI charge in Queensland, and it applies when a driver is caught driving with a BAC over 0.15%.
Drug-Related DUI
A drug-related DUI charge applies when a driver is caught driving under the influence of illegal or prescription drugs. The penalties for drug-related DUI can be just as severe as those for alcohol-related DUI.
Refusing a Breath Test
Refusing a breath test is considered a DUI offense under section 80(5A) of the Act, regardless of whether the driver has consumed alcohol or drugs. Refusing a breath test is a severe offense, and you may be charged with penalties.
Dangerous Operation of a Motor Vehicle
The charge applies when a driver operates a vehicle dangerously while under the influence of drugs or alcohol. The penalties for the dangerous operation of a motor vehicle, while impaired can include fines, license disqualification, and jail time.
Driving Under the Influence Causing Death or Severe Body Harm
The charge applies when a driver driving under the influence of drugs or alcohol causes death or severe bodily harm to another person. The penalties can be severe and include lengthy imprisonment terms.
Implications of DUI
The implications of a DUI charge can vary widely depending on the type of charge and the circumstances of the arrest. The penalties include the following:
License suspension
The licence suspension period depends on the person’s alcohol reading. If it is less than 0.10%, the license is suspended for 24 hours. The license is suspended for 0.10% or higher until your matter is finalized.
Licence disqualification
The license disqualification period is imposed on the alcohol reading.
Fines
Fines can range from $100 to thousands, depending on the seriousness of the offense.
Imprisonment
In most serious cases, the magistrate may order the driver to spend time in prison. Imprisonment is required for repeat offenders or for drivers who committed other severe offenses at the same time.
Other implications of DUI are probation, community service, alcohol interlock device requirement, and recording of a conviction.
Conclusion
DUI charges are serious offenses in Queensland that can have severe consequences. Understanding the different types of DUI charges and their implications can help you make the right decision and protect your rights.
If you or your family member(s) face a DUI charge in Queensland, talking to an experienced DUI lawyer in Brisbane at Drink Driver Lawyer is crucial. Their lawyers will review your case and build a strong defense helping you avoid a long period of disqualification and higher penalties.
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