The Brisbane Drink Driving Lawyer team achieved an excellent outcome at Holland Park Magistrates Court recently.
Our client was charged with DUI Drink Driving after having provided a blood alcohol concentration reading of 0.054.
Our client was eligible to apply for a DUI Drink Driving Work Licence, given their reading was below 0.150, given they held an open Queensland licence, and given the had not previously lost their licence within the last 5 years.
However, for their own reasons, they chose not to apply.
That said, given our client's particular profession, 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 achieved a 1 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 0.090 and below constitute low range drink driving, which for a first time offence carries a licence disqualification range from a minimum 1 month to a maximum 9 month loss of licence.
With a previous conviction within the last 5 years, the penalty range, depending upon the previous reading, ranges from a minimum 3 months if the previous was low or mid range, through to a minimum 12 months if there is multiple previous in that time frame, with a maximum lifetime loss of licence if the previous is a high range.