Drink and Drug Driving Laws

You may have heard in the news recently that the New South Wales Government has introduced harsher penalties for drink and drug drivers.

From 20 May 2019, drivers who commit a “low-level” offence (0.05 – 0.079 BAC) will not be required to attend Court to receive their penalty but will instead be issued with a $561.00 infringement notice and an immediate three month suspension of their driver licence.  The same penalties will also apply to drivers who commit the offence of driving whilst a relevant drug is present in their blood or saliva.

Drivers who commit mid-range offences (0.08 to 0.149 BAC) will also be required to fit an alcohol interlock to their cars.  High Risk, repeat offenders may also have their car impounded and licence plate confiscated.

These changes do not apply to drink driving offences committed in Queensland.  In Queensland the law is that holders of Queensland open driver licence holders who are charged with driving over the general alcohol limit but not the high alcohol limit (0.05 – 0.99 BAC) will be issued with an immediate 24 hour driver licence suspension and be required to attend Court.  If convicted of the offence the driver is liable to a maximum penalty not exceeding 14 penalty units (currently $1,827.70) or to imprisonment for a term not exceeding 3 months.  In addition the driver must also be disqualified from holding or obtaining a driver licence for at least 1 month.

Queensland open driver licence holders who are charged with driving over the middle alcohol limit but not the high alcohol limit (0.10 – 0.149 BAC)  are issued with an immediate suspension of their driver licence.  If  convicted of the offence, the driver is liable to a maximum penalty of 20 penalty units (currently $2,611.00) or to imprisonment not exceeding 6 months.  In addition the driver must also be disqualified from holding or obtaining a driver licence for at least 3 months.

Queensland open driver licence convicted of driving over the general alcohol limit or over the middle alcohol limit may be eligible to apply to the Court for a restricted licence which would enable them to continue driving during the period of their disqualification in circumstances where an extreme hardship would be caused to them or their family by them being deprived of their means of earning their livelihood.

Queensland Drivers convicted of driving over the high alcohol limit (0.150 or greater) are not eligible to apply for a restricted licence and are liable to a penalty not exceeding 28 penalty units (currently $3,654.00) and imprisonment for a term not exceeding 9 months.  In addition the driver must also be disqualified from holding or obtaining a driver licence for at least 6 months.  At the completion of the disqualification period, a driver convicted of driving over the high alcohol limit will also be required to fit an alcohol interlock device to their vehicle before their licence is reissued.