If You Have Been Caught DRINK DRIVING In Queensland, Here Is What You Need To Know.

Similar documents
MELANIE S LAW The New OUI Law

Break The Law, Pay The Price

Impaired Driving. Tough consequences Impaired Driver Assessments

Who qualifies How it works Questions & Answers. Ignition Interlock. Program

Alcohol Interlock Program. Participant Guide

ROAD TRAFFIC OFFENCES Moving forward together

Impaired Driving. Tough consequences Impaired Driver Assessments

Chapter 6 Drinking & Drugs

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE

Why are you proposing to make alcohol interlocks mandatory for drink drive offences?

DWI Loteria Talking Points

The Drinking Driver Program

Francis Burt Law Education Programme

Don t Risk It! DRUNK DRIVING. is always a losing game.

DRIVER S EDUCATION REVIEW

Alberta s Current and Proposed Impaired Driving Laws

Regulations to Tackle Drink Driving in Northern Ireland. RoSPA s Response to the Department for Environment (Northern Ireland) Consultation Paper

Washington Association of Sheriffs and Police Chiefs

The interlock penalty provides drink drivers with an opportunity to rehabilitate themselves and to legally drive when they are sober.

DRIVER EDUCATION The Ultimate Study Guide

DOL, IIL, IID and Impaired Driving FAQs

62nd Legislature AN ACT ENCOURAGING DUI COURT PARTICIPATION; REVISING PENALTIES FOR DRIVING UNDER THE

CHAUTAUQUA COUNTY DISTRICT ATTORNEY S TRAFFIC SAFETY PROGRAM

A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.

Driving Under the Influence House Sub. for SB 6

Driver Improvement and Control. Program

CITY OF MCLOUTH, KANSAS DRIVING UNDER THE INFLUENCE OF ALCOHOL DIVERSION PROGRAM

WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM

Cannabis and Drug Impaired Driving Just the Facts

CAUSE NO. PETITION FOR OCCUPATIONAL LICENSE

CAUSE NO. EX PARTE PRECINCT NO. BEXAR COUNTY, TEXAS (Name of Petitioner) PETITION FOR OCCUPATIONAL LICENSE

Remedial and Ignition Interlock Programs Policies and Guidelines

Substance Abuse and Driving

Driver Improvement and Control. Program

DISTRICT OF COLUMBIA D.C. Code and Weil's Code of D.C. Municipal Regulations (CDCR)

Response to. Ministry of Justice Consultation Paper. Driving Offences and Penalties Relating to Causing Death or Serious Injury

Home Model Legislation Public Safety and Elections

Tracey Ma, Patrick Byrne & Yoassry Elzohairy

A C A D E M Y School of Driving Signs/Signals/Markings/Intersections: When must you signal before making a turn?

How to Protect Your Rights After a DWI Arrest in Virginia

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CRI [2015] NZHC 775 ANDREW NIKORA NEW ZEALAND POLICE. N A Pointer for Crown

30 days. If the vehicle does not belong to the driver,

DUI Module. Legend Blue= interview instructions (not to be read aloud) Gray= rules and gating Green= lifetime version

OCCUPATIONAL DRIVER S LICENSE PACKET

18. Where should you position the car to make a left turn from a two-way street? The lane nearest the center of the road. 19. What is a good practice

2011 Bill 26. Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 TRAFFIC SAFETY AMENDMENT ACT, 2011

Links to information on DMV website

A) New zero tolerance drug presence laws for young and novice drivers. Create a new regulation to define and permit the use of federally

Driver Education - Sophomores

CASE NO. PETITION FOR OCCUPATIONAL DRIVER S LICENSE

Chapter 8: Driver s License Revocation, Suspension, Denial, Cancellation

SENATE BILL 803. (1lr0342) ENROLLED BILL Judicial Proceedings/Judiciary

Protecting Vulnerable Road Users

PLEA NEGOTIATIONS. Sherry Levin Wallach, Esq. Wallach & Rendo LLP Mount Kisco, NY

Dutch Alcohol Interlock Program

Driver Improvement Program Policies and Guidelines

Electronic Monitoring in DWI Courts

Drink driving discussion paper. Targeting high risk drink drivers

SASKATCHEWAN SAFE DRIVING INITIATIVES

30 days. If the vehicle does not belong to the driver,

FIRST JUDICIAL DISTRICT OWI SENTENCING GUIDELINES

IN THE EAST LIVERPOOL MUNICIPAL COURT COLUMBIANA COUNTY

CSC Transportation LLC Job Description Semi Tractor-Trailer Driver

Evaluation of the interlock programme for DUI offenders in Finland

Dutch Alcohol Interlock Program. Desirée Schaap Projectmanager Alcohol Interlock Program Ministry of Infrastructure and the Environment

IN THE MUNICIPAL COURT OF THE CITY OF ELKO, COUNTY OF ELKO, STATE OF NEVADA

Learning Objectives. Become familiar with: Elements of DWI offenses Implied consent Chemical test evidence Case law

Drivers Application for Employment and Qualification Hanson Trucking, Inc. 251 Truck Rt. Columbia Falls, MT

Supplementary advice to the Transport and Industrial Relations Committee

Canadian Cataloguing in Publication Data

19 May 2015, Luxembourg

IGNITION INTERLOCK PROGRAM

UNOFFICIAL COPY OF SENATE BILL 53 CHAPTER

IC Chapter 5. Operating a Vehicle While Intoxicated

EMPLOYMENT APPLICATION FORM TURK ENTERPRISES LTD.

You re not more attractive, I m just Superdrunk

IGNITION INTERLOCK LIMITED LICENSE ELIGIBILITY FACT SHEET

DRIVERS EDUCATION STATE TEST REVIEW

Managing the role of alcohol in road crashes: An Australian perspective

Condition X. Driver s Licence With. You are required to drive a vehicle fitted with an ALCOHOL IGNITION INTERLOCK DEVICE

Refining Ignition Interlock Laws and Programs: Increasing State Interlock Program Participation

APPA Presentation Feb. 28, 2012 San Diego, CA. Intensive DWI Supervision Program

Keeping your new driver safe.

SMART RIDE SAFE RIDE. What you need to know to operate an ATV/ORV in Ontario

Alcohol interlocks in Finland. 22 April 2015, Lisbon

Ohio Legislative Service Commission

REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL

Tools of the Trade. Victoria Hauan, Impaired Driving Program Manager, Office of Traffic Safety

PLEA. Alcohol, Drugs, and Driving

Graduated Driver Licensing

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

Ignition Interlock Restricted License Bill

Points-based driving licence

POLICIES, PROCEDURES, AND RULES

DEVELOPING A NATIONAL APPROACH TO MANAGING DRINK DRIVING OFFENDERS. Queensland University of Technology

IGNITION INTERLOCK LIMITED LICENSE THE LAW Frequently Asked Questions

Alcolock after drunk driving in Sweden. Olof Stenlund, Alcolock Coordinator, Swedish Transport Agency

The Definitive Guide to DUI. in Maryland. A Complete Step-by-Step Guide for Anyone Arrested for DUI

Facts about DOT Audits

GRADUATED LICENSING. KITCHEN TABLE DISCUSSION GUIDE Have your say on Your PLates reforms

Transcription:

If You Have Been Caught DRINK DRIVING In Queensland, Here Is What You Need To Know. Phone: 1300 636 846 Website: Email: solicitors@

IF YOU HAVE BEEN CAUGHT DRINK DRIVING IN QUEENSLAND, HERE IS WHAT YOU NEED TO KNOW!! What Penalties can I expect to face? The severity of your penalty will depend on your Blood Alcohol Concentration (BAC) at the time of the offence, as well as your traffic violation history. Although the ultimate decision is at the discretion of the Magistrate, below is a rough idea of what you may expect to face: BAC.05 and over but under.10, you may have your licence suspended for a period of up to 9 months, be fined up to $1,593.90 and face 3 months imprisonment BAC between.10 and.149 you may have your licence suspended for up to 12 months, be fined up to $2,277.00 and face 6 months imprisonment Phone: 1300 636 846 Website: Email: solicitors@

BAC of.15 or higher you may have your licence suspended for a minimum of 6 months with a maximum decided at the Magistrate s discretion, be fined up to $3,187.80 and face up to 9 months imprisonment If you are required to have a zero alcohol reading, and your BAC is greater than 0.00 but less than.05 you may have your licence suspended for a period of between 1 to 9 months, be fined up to $1,593.90 and face 3 months imprisonment For repeat offenders you could lose your licence for a period of two years, be fined up to $6600, or sentenced with a term of imprisonment at the Magistrate s discretion, and you may have your car impounded If you are convicted of having a BAC of 0.15% or more OR failing to provide a breath/blood specimen these are called major offences. If you are convicted of three major offences within a five year period, then your penalty MUST include jail. Anyone who has been charged with a BAC less than 0.10 will receive an automatic 24 hour suspension of their licence. You will receive an immediate suspension not allowing you to drive until your court date if your BAC was over.10, or if you fail to provide a specimen of breath or blood to the police. When you have served your suspension period you must apply to the Department of Transport for your licence to be re-issued, and you will receive a probationary licence for at least 1 year, which will require you to have a zero alcohol limit. If your offence related to have a BAC greater than.15, you failed to provide a blood or breath sample, dangerous driving while affected by alcohol, or 2 or more driving offences in the past 5 years, you will be required to have an alcohol ignition interlock fitted to your car for a minimum of 12 months. Am I eligible for a Work Licence? Queensland is one of only a few states that offer DUI offenders the ability to drive for work when they have been charged with DUI. A Work License Application can be made at the time of your first Court appearance, and must be done prior to sentencing. To be eligible you must: Have a BAC under 0.15%; Be on an open QLD licence; NOT have been driving for your job; Have no previous DUI or dangerous driving offence in the past 5 years. Satisfy the court that if you are not able to drive for work you will lose your employment, which will cause undue hardship on yourself and your family. The application form must be accompanied by an Affidavit from your employer, and yourself. The Affidavits must confirm your job description, your hours of work, that without a licence your employment will be terminated and the financial hardship you will suffer. The length of your work licence will depend on your BAC reading. In some situations you can also apply for a work licence if you have been charged with drug driving. Phone: 1300 636 846 Website: Email: solicitors@

What are Drink Driving Programs and should I consider doing one? There are two main programs in Queensland; the Queensland Traffic Offenders Program (QTOP), and the Under the Limit program. QTOP is an educational program and is currently being delivered on the Gold Coast (Nerang), and in Brisbane (Mt Gravatt). It is highly recommended that you enrol and attend a QTOP course, as the Court will take this into consideration when deciding upon your penalty for the offence, hopefully resulting in a reduced penalty. You can commence the program as soon as you are charged, or obtain an adjournment from the court at your first appearance. To do so, you will have to enter a plea of guilty, and have the sentencing adjourned until after the course is completed. The course takes 5 weeks, and is held one evening per week. The Under the Limit program is designed as a rehabilitation program and you are referred to participate by the Court. The program is conducted at local TAFES throughout Queensland for one night per week for an 11 week period. Drug Driving in QLD The police have the right to pull you over at any time, and administer an on the spot drug test by requesting a salvia sample from you. The saliva test will detect cannabis, MDMA (ecstasy), and methyl-amphetamine (ICE). If one of these drugs is detected you will be charged with Drug Driving, and disqualified from driving for at least 6 months. If the police believe that your driving has been affected by drugs, either illegal or legal, you can be charged with driving under the influence of drugs. The latter carries are far more severe penalty, which can include a term of imprisonment. Don t panic! If you find yourself in a situation where you have been caught for a DUI offence, remain calm. A lot of people are embarrassed or ashamed, and do not ask for help. It is important for you to remember that we handle Drink Driving matters on a daily basis, and we are here to help, not judge. It is human nature to make mistakes, and we understand this! Phone: 1300 636 846 Website: Email: solicitors@

Remember, you are NOT alone! Where you go from here depends on your own situation. Everyone has their own individual priorities and demands on their life that they need to deal with. This information guide points you in the right direction as to what options might be available to get the outcome that you need; options that many of our clients are not aware of before talking to us. If you would like some personal advice on your particular situation and would like to talk direct with a lawyer in your local area who is a specialist in drink driving or traffic law then please call our legal hotline on 1300 636 846 (Free Call, No Obligations). Call now on 1300 636 846 7am to Midnight and speak direct with a DUI Lawyer to get your Drink Driving questions answered. You can also request a callback at /drink-driving When you call the hotline you will speak directly with a lawyer. Your conversation will be treated with the strictest of confidentiality and sensitivity. At the end of the call you will have some clarity on the steps you need to take next and how you can have the best chance at an outcome that will ensure you will attend Court armed with knowledge and support. Scan this QR code to find more details about Drink Driving: Phone: 1300 636 846 Website: Email: solicitors@