From 1 July 2011, the State Government has introduced legislation that means that there is a new category of drink driving in Queensland. This now means there is a mid-range drink driving category and is for part of what was previously the low range drink driving. The new offences catches a person with a blood alcohol content (BAC) of between 0.1 and below 0.15. The impact of the new legislation means that the police now can immediately suspend the licences of anyone with such a reading.
The main change is in relation to middle range.
The legislation now provides that it is an offence to drive while over the middle alcohol limit but not over the high alcohol limit. It makes it tougher because there is now an immediate suspension until the matter is dealt with by the court (which was always the case for high range offences) rather than only a 24 hour disqualification.
The eligibility requirement in relation to section 87 restricted work licences of 0.15 BAC threshold remains the same. However, if a person falls within the middle range, and are immediately suspended, then they may apply for a Section 79E Order Application which will allow them to drive under the hearing. The form must be lodged within 21 days after the suspension starts at the Magistrates’ Court, as usual, either in the district where the offender resides or where the charge was laid. This can mean further cost for applicants.
In regard to penalties if, a person is convicted of an offence against 79(1)(F) (no previous convictions in 5 years), then the minimum disqualification period is 3 months and maximum 9 months. For those with a previous offence within 5 years, then the minimum is 3 months and the maximum is 18 months.
Our Sunshine Coast law firm with its mobile team of lawyers and solicitors practising in Caloundra, Maroochydore and Noosa provide experience, expertise and results in all matters relating to drink driving, DUI, disqualified driving, unlicenced driving, dangerous driving, hooning, work licences, special hardship orders and traffic related offences.
Robert Aitken started working in law firms in 1991 over 20 years ago and can provide the experience and guidance you require for your drink driving matter. For more information about drink driving, DUI, work licences and our services, see our traffic offence page.
Aitken Whyte Lawyers
7/31-33 Plaza Parade, Maroochydore
Ph: +617 5408 0655
Fax: +617 3211 9311