The Brisbane Drink Driving Lawyer team achieved an excellent outcome at Ipswich Magistrates Court recently.
Our client was charged with DUI Drink Driving after having provided a blood alcohol concentration reading of 0.072.
Our client was technically 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, given they were driving for work purposes when intercepted, and given the Police facts stated that they had told Police they were driving for work purposes, that technical eligibility to apply became void.
Eligibility to apply for a work licence ceases if Police can prove the person was driving for work purposes when intercepted.
The case law on this issue is ever evolving, however, if it can be proven that a person was actually engaging in their employment when intercepted, as opposed to simply driving to and from work, or simply driving between job sites, that person will not be eligible to apply for a work licence.
For example, a delivery driver intercepted while delivering a parcel will be ineligible, but if the same driver was intercepted while driving from home to work, they will be eligible to apply for a DUI Drink Driving Work Licence.
Our job was one of achieving the shortest possible driver's licence disqualification.
Our client faced a maximum 9 month driver's licence disqualification.
We achieved the mandatory minimum 1 month licence disqualification and a modest fine for our client.
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, which was not the case with this client, 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.