- Exceeding the speed limit
- Driving under the influence of drugs or alcohol
Disqualifications for drink driving in Queensland range from anywhere between 1 month to 5 years, and drink drivers may be subject to imprisonment for up to 18 months. In these situations, you should retain a criminal defence lawyer who has extensive experience in drink driving matters.
- Unlicensed driver
- Unregistered vehicle
Work licence applications
If you have been charged with a drink driving offence where the BAC was between .05 – .149 you may be eligible for a restricted work licence which will allow you to drive for employment purposes.
There will be specified circumstances which apply to a restricted licence. These can include:
- the purpose the motor vehicle may be driven
- the class of motor vehicle which may be driven
- the times the driver may drive
- whether passengers may be transported in the vehicle
Ineligible applicants are those charged whilst:
- holding a non-Queensland driver licence
- driving a motor vehicle under a Queensland learner, provisional or probationary licence or not the holder of a licence
- driving a vehicle under a Queensland restricted licence issued under a Court Order; or
- engaged in an activity directly connected with their means of earning a living
- driving a motor vehicle that they were not authorised to drive under an open licence
- already the holder of a restricted licence
- over the no alcohol limit that applies to the driver of the motor vehicle they were driving
- the concentration of alcohol in their blood or breath was equal to or more than 0.15%.
- within the last 5 years before making the application whilst:
- convicted in Queensland of a drink driving offence
- previously convicted outside Queensland of a drink driving offence which, if it had been committed in Queensland, would have been an offence
- convicted of operating a motor vehicle dangerously
- their Queensland driver licence had been cancelled, suspended or they were disqualified from holding or obtaining a Queensland driver licence.
The restricted licence application must be made immediately after they have been found guilty and before the Magistrate disqualifies them from holding or obtaining a driver licence.
The Court will only grant a restricted licence if they are satisfied that:
- the applicant is a fit and proper person to continue to drive, having regard to the safety of other road users and the public generally
- the refusal to grant the order would cause financial hardship to the applicant or their family by depriving them of their means of earning a livelihood.
There are additional requirements relating to where the Application needs to be filed, when and upon whom it must be served and what must accompany the Application to satisfy the statutory requirements. Failure to attend to such requirements may exclude a Magistrate from hearing the Application.