The Brisbane Drink Driving Lawyer team achieved an excellent outcome at Southport Magistrates Court on the Gold Coast recently.
Our client was charged with DUI Drink Driving after having provided a blood alcohol concentration reading of 0.156.
Given our client was not from Australia, and intended to seek Permanent Residency and Citizenship when eligible, they held grave concerns with regard to the recording of a conviction.
DUI Drink Driving is a traffic offence, not a criminal offence.
Accordingly, you will never receive a criminal conviction for a DUI Drink Driving charge, unless you are also charged with Dangerous Driving, which is a criminal offence.
However, even the recording of a traffic conviction can be problematic for certain persons.
We drafted comprehensive written submissions of the relevant case law on this point, and made forceful verbal submissions in the issue to the Magistrate.
We obtained the Mandatory Minimum 6 month licence disqualification and a modest fine for our client.
We were also successful in persuading the Magistrate not to record a conviction.
In Queensland, readings of 0.150 and above constitute high range drink driving, which for a first time offence carries a licence disqualification range from a minimum 6 months to a maximum lifetime loss of licence.
Persons charged with high range drink driving are not eligible to apply for a work licence.
With a previous conviction within the last 5 years, which was not the case with our client, the penalty range, depending upon the previous reading, ranges from a minimum 9 months if the previous was low or mid range, through to a minimum 12 months if the previous was high range, with the same maximum lifetime loss of licence as a first time high range offence.