With the festive season upon us, most people drink more alcohol than what we normally would as we attend Christmas functions and socialise with friends and colleagues after working hard all year.
Be warned though, the laws in Queensland commonly referred to as ‘drink driving or DUI’ are very broad and capture a lot more people than those who have had a few alcoholic drinks and have decided to drive their car home. In the past, people have been prosecuted for riding bicycles, horses or even such things as motorised eskys on a roadway.
With respect to motor vehicles, it is not necessary that you actually drive a motor vehicle as you can be prosecuted for being“in charge”. An example of that is when someone is seated in the passenger seat and is in possession of the keys of that motor vehicle. It is also important to realise that the drink driving laws that relate to motor vehicles are not just enforceable on the road. It is common place to see people charged when moving their car on their own driveway.
In recent times we have seen an increasing number of people put before the Courts after having a night out where they have had a large amount of alcohol to drink and they have still registered over the limit the next day.
The penalties for these offences vary depending on the particular set of circumstances. The most commonly imposed penalty is a fine, however, in the worst cases people can be imprisoned.
Of great importance is that upon being found guilty of any ‘drink driving’ offences involving motor vehicles, the Court must impose a period where you will be disqualified from holding a driver licence. There are mandatory minimum disqualification periods which are dependent upon the level of alcohol in your system, amongst other things. Obviously the end result of this is that it can have an enormousimpact upon the individual involved as it may mean you cannot drive yourself to work, or carry out your duties at work resulting in a loss of income.
In some limited circumstances, an application can be made to the Court for a restricted licence or as it is more commonly referred to ‘a work licence’. This application must be made at the time the Court is imposing the disqualification period with respect to the drink driving offence.
The application must be in the correct form and be supported by affidavit material which is first filed with the Court Registry before being served on the Queensland Police Service.
There are a number of eligibility criteria that must be met before the application can be made.That is:
- At the time of applying for a work licence you hold a current Queensland provisional or open driver licence; and
- At the time of the offence, you held a current Queensland provisional or open driver licence; and
- At the time of the offence, you were not driving for your job; and
- At the time of the offence you were not already driving under a work licence; and
- In the last five years,you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood; and
- In the last five years,you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include if your suspension, cancellation or disqualification was because of a mental or physical disability; or a suspension under the State
Penalties Enforcement Act for non-payment of a penalty, or later set aside on appeal); and - Your blood alcohol concentration (BAC) level was below 0.15%.
You cannot apply for a work licence if any of the following circumstances apply to you:
- At the time of the offence, you were driving a motor vehicle that you were not authorised to drive under an open or provisional licence; or
- You were under 25 and held a provisional licence or learners permit and your blood alcohol level exceeded 0%; or
- Your blood alcohol level exceeded 0% while driving, attempting to put in motion, or in charge of any of the following types of motor vehicles:
- a motor truck
- a motor omnibus
- an articulated motor vehicle
- a B-double
- a road train
- an operational tow truck
- a taxi or limousine
- a vehicle used while giving driver training (as a qualified driver trainer)
- a vehicle carrying a placard load of dangerous goods
- a pilot vehicle escorting an excess dimensional vehicle
Once it has been established that you are eligible to apply, the application can be lodged. The application must be supported by an affidavit from the applicant and, if the applicant is not selfemployed, an affidavit from their employer. In order for the application to be successful, it must
be established that the applicant is a ‘fit and proper person to hold a restricted licence, having regard to the safety of other road users and the public generally’ and ‘a refusal would cause extreme hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning the applicant’s livelihood’.
Depending upon the exact set of circumstances, the Police Prosecutor may or may not oppose the application, however the presiding Magistrate will make the final determination as to whether the Restricted Licence will be granted.
An order that a Magistrate makes with respect to the issuing of a restricted licence will only be for driving which is directly connected with the applicant’s means of earning the applicant’s livelihood.
There will normally be a number of other conditions attached to that order which must be complied with. For example the requirement to complete a log book prior to every trip.
If the Magistrate issues the order for a restricted licence, the applicant cannot drive until that order has been provided to the Department of Transport and a restricted licence is issued in the applicant’s name.
It should also be noted that the Magistrate has the discretion to increase the disqualification period (up to double) what would normally be imposed upon the granting of a restricted licence.
In summary, it is important to think carefully after drinking alcohol and driving your motor vehicle as the consequences can be significant.
However, if you do fall foul of the drink driving laws it is a good idea to obtain legal advice as there may be some options available o assist
with what can be a very difficult situation to manage.
