DRINK DRIVING

Drink driving is a serious offence in Queensland. It means driving, attempting to drive, or being in charge of a vehicle with a blood alcohol concentration (BAC) above the legal limit.

The limits are straightforward:

0.05 BAC for open licence holders.

0.00 BAC for learner, provisional, probationary, and professional drivers (including taxi, bus, and truck drivers).

These laws exist to keep roads safe and reduce alcohol‑related crashes. Penalties vary depending on your BAC level and driving history. They can include fines, licence disqualification, mandatory alcohol interlock devices, and in serious or repeat cases, imprisonment.

Even a low‑range reading can have lasting consequences. Your licence, your record, and your future may all be at risk. That’s why it’s important to get legal advice quickly - so you understand your options and protect your rights.

In Queensland, drink driving is a criminal offence under the Transport Operations (Road Use Management) Act 1995 (Qld). It is defined as driving, attempting to drive, or being in charge of a vehicle with a blood alcohol concentration (BAC) above the legal limit.

The law sets out four strict BAC limits:

- 0.00 BAC – for learner, provisional, probationary, and professional drivers (including taxi, bus, and truck drivers).

- 0.05 BAC and above – for open licence holders.

- 0.10 BAC and above – middle‑range offences, carrying heavier penalties.

- 0.15 BAC and above – high‑range offences, treated as the most serious with the harshest penalties.

The higher your BAC reading, the tougher the consequences. Penalties can include fines, licence disqualification, mandatory alcohol interlock devices, and imprisonment for repeat or high‑range offences.

Queensland courts take drink driving seriously. Even a low‑range reading can put your licence, record, and future at risk. If you’ve been charged with drink driving in Cairns or anywhere in Queensland, getting immediate legal advice is the best way to understand your options and protect your rights.

In Queensland, drink driving and drug driving offences are dealt with under the Transport Operations (Road Use Management) Act 1995 (Qld). To secure a conviction, the police must prove three key elements:

- Control of the vehicle – that you were driving, attempting to drive, or “in charge” of a motor vehicle.

- Presence of alcohol or drugs – that your blood alcohol concentration (BAC) was at or above the legal limit, or that a relevant drug was detected. This is usually shown through a breath test, saliva test, or blood analysis.

- Lawful procedure – that testing and evidence collection were carried out correctly, using approved devices and within required timeframes.

If the prosecution cannot prove each element beyond a reasonable doubt, the charge may not succeed.

Police must follow the law precisely when charging someone with drink driving in Cairns or anywhere in Queensland. Errors in testing, timing, or procedure can create a defence. That’s why getting legal advice early is critical - it gives you the best chance to protect your licence, your record, and your future.

In Queensland, if you are charged with certain drink driving or drug driving offences, police can issue an immediate licence suspension under the Transport Operations (Road Use Management) Act 1995 (Qld). This means you are legally disqualified from driving straight away — before your matter even reaches court.

An immediate suspension applies if you are:

- Found with a BAC of 0.10 or above (mid‑range or high‑range drink driving).

- Charged with driving under the influence of alcohol or drugs (DUI).

- Refusing or failing to provide a specimen of breath, saliva, or blood when lawfully required.

- Facing certain repeat drink or drug driving charges.

The suspension stays in place until your case is finalised in court. In limited situations, you may apply for a section 79E order to have the suspension lifted or varied, but strict eligibility rules apply.

Being charged with drink driving in Cairns or anywhere in Queensland can leave you without a licence immediately. This can affect your job, family responsibilities, and freedom of movement. Acting quickly to get legal advice is critical - it may be possible to challenge the suspension or apply for limited driving privileges to reduce the impact.

In Queensland, drink driving and drug driving offences are prosecuted under the Transport Operations (Road Use Management) Act 1995 (Qld). These charges are taken seriously, but there are limited circumstances where a defence may apply. The prosecution must prove every element of the offence beyond a reasonable doubt — if they cannot, the case may fail.

Recognised defences include:

- Unlawful police procedure – if roadside testing, breath analysis, saliva or blood testing was not carried out correctly, within the required time, or using an approved device.

- Not in charge of the vehicle – if you were not driving, attempting to drive, or legally “in charge” at the relevant time.

- Extraordinary emergency – where driving under the influence occurred because of a sudden and serious emergency, such as a medical crisis.

These defences are technical and applied narrowly. Success often depends on whether police have strictly followed the law.

Defending a drink driving charge in Cairns or anywhere in Queensland is complex, but not impossible. Errors in police procedure, questions about control of the vehicle, or extraordinary circumstances may provide a defence. Getting legal advice early is the best way to identify whether a defence applies and to protect your licence, your record, and your future.

Being charged with drink driving in Cairns or anywhere in Queensland is not just a traffic matter — it is a criminal offence under the Transport Operations (Road Use Management) Act 1995 (Qld). The consequences can be serious: loss of licence, heavy fines, a criminal record, and in some cases imprisonment.

Getting professional legal advice early is critical because:

- A lawyer can explain the charge, the legislation, and what the prosecution must prove.

- You may be eligible for a work licence or hardship order, allowing you to keep driving for employment or family responsibilities.

- Strict police procedures must be followed — if errors are made, this may affect the outcome.

- Skilled representation can help reduce penalties, minimise disqualification periods, and protect your future opportunities.

Drink and drug driving charges can have life‑changing consequences. The right advice can mean the difference between losing your licence completely and keeping limited driving privileges, or between a harsh penalty and a more manageable outcome. Acting quickly gives you the best chance to protect your licence, livelihood, and future.

Being charged with drink driving in Cairns or anywhere in Queensland can feel overwhelming - but you don’t have to face it alone. At Coral Coast Law, we provide clear legal advice and practical solutions to help you navigate the process and work towards the best possible outcome.

Here’s how we assist clients facing drink driving or drug driving charges:

- Clear guidance from the start – we explain the charges, the legislation, and what the prosecution must prove in plain language.

- Protecting your ability to drive – we assess eligibility for a work licence or hardship order, so you may continue driving for employment or family responsibilities.

- Challenging the evidence – we review whether police followed correct procedures and whether a defence may apply.

- Minimising penalties – we advocate for reduced disqualification periods, lower fines, and alternatives to imprisonment where possible.

- Strong representation in court – we stand beside you, ensuring your case is presented professionally and persuasively.

At Coral Coast Law, our focus is on protecting your licence, livelihood, and future. Acting quickly gives you more options. We provide professional legal advice on drink driving and drug driving matters in Cairns and across Queensland, guiding you through every step and fighting for the best possible result.