If you are on a zero alcohol limit and your BAC is 0.02 but less than 0.05, you will receive … Drink Driving offences are criminal … Hounsell Cunningham Criminal Defence Lawyers.  PO Box 12178, George Street, Brisbane, QLD, 4003 There is also an offence of driving while over the no alcohol limit and under the general alcohol limit (BAC 0.01 to 0.04). This is a record of any offences for which you’ve been found guilty relating to road rules, drink-driving, drug-driving, dangerous driving or vehicle registration. An offence is categorised as a disqualifying offence under the Act if it is an offence: against a provision of an Act detailed in the list of disqualifying offences; under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence of a kind detailed in the list of disqualifying offences Beating a drink driving charge .  info@hounsellcunningham.com.au, Liability limited by a scheme under professional standards legislation. The different Magistrates Courts across Queensland deal with drink driving offences on their own or as part of a general, criminal law “call-over”. High-range drink driving is the most serious drink driving offence under Queensland law and carries a maximum penalty of 9 months imprisonment and/or 28 penalty units for a first offence. The legislation therefore simply refers to drink driving (and drug driving) as being “an offence”. This can impact their future in many ways, including by limiting their employment prospects or by … In New South Wales, yes. In some circumstances, drink driving may also be considered dangerous driving, which is a criminal offence and can result in imprisonment. Save my name, email, and website in this browser for the next time I comment. Drink driving is one of the most common offences in Australia and whether your BAC is low, mid or high range, you have still committed a criminal offence. For normal over the limits of drink driving and not causing accident , injury or deaths, it will not be considered. Below we’re going to explore how mid range drink driving works in Qld, when it applies and what is likely to happen if you’re charged. The relationship between these different categories of offences is illustrated in the diagram below: All offences are either criminal offences or regulatory offences. The generally accepted reason for labelling something a criminal offence is where there is a possible sentence of jail, which is the position with driving for excess blood alcohol, which can be 3 months jail as an option. You will have to declare your criminal record to employers and having a criminal record can affect your ability to travel overseas. The penalties will be decided by the Magistrate and will include a fine and disqualification, or a term of imprisonment. Drink Driving Consequences are Severe Here is what you can expect when convicted of drink driving: A criminal record; A minimum 12 months driving ban or minimum 3 year ban if you have a previous relevant drink driving conviction within the past 10 years Level 10, 239 George Street, Brisbane, QLD, 4000 Low range drink driving is having a blood alcohol concentration (BAC) of 0.05 but under 0.10. Magistrates are getting tougher and tougher on drink drivers who face court. PCA Offences. Drink driving offences are serious and prevalent criminal offence offences. It’s probably safe to say that everyone knows that drink driving/DUI is an offence in Queensland.Most people however are confused about whether drink driving is a criminal offence or not. Dangerous driving in Qld is one of the most serious traffic offences in the state. Drink driving is not considered a regular offence So drink driving is NOT a registrable offence and there is no court record of the conviction. Drink driving laws in Australia are strict and drink driving is categorised as a criminal offence.If you are caught drink driving or drug driving, you may face a traffic conviction and you will have to go to court. 474.24A : Using a carriage service for sexual activity with person under 16 years of age. Call us on 07 3180 0104 today. This is because drink driving convictions appear on a person’s traffic history and not their criminal history. This is generally the reason why a magistrate will exercise their discretion to record a drink driving conviction – they believe that a traffic offence conviction is unlikely to have much of an impact on a person’s future, if any. Most people get a fine for drink driving, but the conviction will still go on their criminal record. Unless you are found not guilty of an offence, if you go to court there will be an entry on both your criminal record and your criminal driving record held by VicRoads. 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