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Drink Driving - General, Middle and High Range

March 21, 2012 | Comments: 0 | Views: 67

Being charged with a drink driving offence can be a traumatic experience for you and your family. It can mean the difference between maintaining your mobility, freedom and employment. The consequences are serious. A conviction for a Drink Driving Offence will result in:

  1. the recording of a conviction;
  2. a period of disqualification
  3. the imposition of a fine, community based order or imprisonment.

For many people it is their first and only exposure to the Court system and they are uncertain what is likely to occur at Court after they have been charged with the offence of drink driving.

There are four drink driving ranges as follows:

  1. Driving over the no alcohol limit;
  2. Driving over the general alcohol limit;
  3. Driving over the mid alcohol limit; and
  4. Driving over the high alcohol limit.

1. No Limit

Drivers of this particular class are not permitted to have any alcohol in their system when they are driving. This class of driver includes: a probationary driver under 25, truck drivers, bus drivers, and drivers of road trains, articulated motor vehicles, tow trucks, and vehicles carrying dangerous goods.

A person is over the no alcohol limit if the concentration of alcohol in the person's blood is more than 0mg of alcohol in 100mL of blood or; the concentration of alcohol in the person's breath is 0g of alcohol in 210L of breath.

The maximum penalty for a first offence is 14 penalty units or Imprisonment not exceeding 3 months.

2. General Limit

A person is over the general limit if the concentration of alcohol in the person's blood is more than 50mg of alcohol in 100mL of blood or; the concentration of alcohol in the person's breath is 0.050g of alcohol in 210L of breath.

A person charged with an offence of being over the general limit is eligible for a work licence application, provided all other criteria are met.

The maximum penalty for a first offence is 14 penalty units or Imprisonment not exceeding 3 months.

3. Middle Limit

A person is over the middle limit if the concentration of alcohol in the person's blood is more than 100mg of alcohol in 100mL of blood or; the concentration of alcohol in the person's breath is 0.100g of alcohol in 210L of breath.

A person who is charged with an offence of being over the middle limit is issued with a notice pursuant to section 79B and their Qld Licence is immediately suspended. If the person is the holder of a non-Qld licence their authority to drive on a Queensland Road is suspended.

A person charged with an offence of being over the middle limit is eligible for a work licence application, provided all other criteria are met.

The maximum penalty for a first offence is 20 penalty units or Imprisonment not exceeding 6 months.

4. High Limit

A person is over the high alcohol limit if the concentration of alcohol in the person's blood is more than 150mg of alcohol in 100mL of blood or; the concentration of alcohol in the person's breath is 0.15g of alcohol in 210L of breath.

A person who is charged with an offence of being over the high limit is issued with a notice pursuant to section 79B and their Qld Licence is immediately suspended. If the person is the holder of a non-Qld licence their authority to drive on a Queensland Road is suspended.

The maximum penalty for this offence is 28 Penalty Units or Imprisonment not exceeding 9 months, that period is extended to 18 months where there is a previous conviction in the past 5 years.

Criminal law is a unique and complex area of legal practice. It requires an understanding of a myriad of relevant laws, court procedure and an ability to advocate on behalf of your client. Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do. When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence. Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate

Source: EzineArticles
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