Drink Driving Lawyers Gold Coast
Drink Driving (and Drug Driving)
A Drink Driving Charge may cost you more than just your driver’s licence.
Davoren Associates have experienced Drink Driving Lawyers on the Gold Coast and we understand that you need your driver’s licence to carry out your everyday commitments. Without your driver’s licence, your job, your reputation, and your quality of life could be affected.
If you find yourself in this situation, our experienced traffic lawyers can assist by:
- Explaining the expected penalties;
- Referring you to drink driving/driving programmes or other professionals;
- Appearing on your behalf in Court to make submissions to the Magistrate about your circumstances and minimise any penalties; and
- Assisting you to obtain a Work licence so you can continue to use your car for work purposes.
It is an offence to drive or attempt to drive a vehicle (or be in charge of a vehicle) while you are under the influence of liquor or a drug.
Call now on (07) 5575 2844 or send an online enquiry here.
What happens if you are caught drink driving?
In Queensland, drink driving penalties include disqualification of your licence, a fine or a greater penalty such as a term of imprisonment which is imposed by a Magistrate within the legislation by taking into account your blood alcohol concentration, your driving history and any other mitigating factors put to the Court by you or your legal representative.
It is suggested you seek legal assistance for your drink driving charge due to the range of penalties the Court may impose within the Transport Operations (Road Use Management) Act 1995 and our drink driving lawyers from the Gold Coast can provide you correct legal assistance.
If you are caught with a blood alcohol concentration of 0.10 or above, you will face an immediate suspension from driving until the matter is finalised in the Court. Contact Davoren Associates to speak with our solicitors about your situation.
It is an offence if you:
- Don’t give your name and address
- Refuse to provide a breath test (called failing to provide a breath specimen)
- Refuse to allow a blood test
Refusing to be breathalysed
If you refuse or fail to provide or participate in a breath test or blood test as directed by the Police, you may be charged with “Failing to supply a specimen of breath or blood” and you will be required to go to Court.
The Court shall consider your charge as though it is a major drink driving offence (0.15 or above) and shall penalise you at its discretion.
Many people are killed and seriously injured each year on Gold Coast roads as a result of drink driving. It accounts for more than a fifth of all lives lost on Queensland roads (QLD Government).
Queensland has a nil tolerance approach to those convicted of drink driving. Drivers who are found to be ‘over the limit’ will be disqualified from holding a drivers licence.
While the Court has no discretion (choice) as to whether to disqualify a drink driver, the length of the disqualification will depend on numerous different factors.
It is imperative that you contact Davoren Associates for advice from an experienced traffic lawyer if you are required to appear in Court.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt that the accused was:
(a) driving a motor vehicle, tram, train or vessel; OR
(b) attempting to put a motor vehicle, tram, train or vessel into motion; OR
(c) In charge of a motor vehicle, tram, train or vessel; AND
Was under the influence of liquor or a drug;
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible legal defences to a charge of DUI
- The accused did not in fact drive a motor vehicle, tram, train or vessel.
- The accused did not in fact attempt to put a motor vehicle, tram, train or vessel into motion.
- The accused was not in fact in charge of a motor vehicle, tram, train or vessel.
- The accused was not under the influence of alcohol (i.e. reading below 0.15) or a drug.
- Duress – example: there was a threat of harm against the accused or another person and the accused reasonably believed that the threat would be carried out if he or she did not drive at that time.
- Necessity – example: there was an extraordinary emergency that compelled you to drive at that point.
- Insanity.
- Identification i.e. the offender was not the accused.
Work Licence/Restricted Licence
We can assist you with obtaining a Work Licence or Restricted Licence in the event that you have been caught drink driving with a blood alcohol concentration of 0.15 or less.
Provided that you have not had your licence previously cancelled, suspended or disqualified (subject to time limits), you may have an opportunity to obtain a Work Licence to allow you to fulfil your work commitments.
You may be granted a Work Licence/Restricted Licence if you plead guilty to the charge and can satisfy the Court that:
- Without the licence you or your family would suffer extreme financial hardship, depriving you of the means of earning a living (that is, you shall lose your employment without a driver’s licence);
- You are a fit and proper person to hold a work licence/restricted licence, having regard for the safety of other road users and the public generally.
- That you were not driving for work purposes when you were caught drink driving.
To apply for a Work Licence/Restricted Licence, a written application must be made to the Court with supporting documents to satisfy the Court’s criteria. Next, the Court shall consider your application in a Court Hearing.
Davoren Associates would be pleased to assist you with the preparation of the necessary documents and appear for you in the Work Licence hearing.
If you are successful with your application for a Work or Restricted Licence, you will be subject to driving conditions in accordance with your work commitments for a specific period of time, which is generally double the normally imposed disqualification period.
We can assist you in the complex area of Work Licence / Restricted Licence applications. Contact our office today to obtain further advice from one of our traffic lawyers.
Read our Work Licence FAQs for more information.
Penalty of Disqualification
You will be disqualified from holding a driver licence for a stated period if you are convicted of:
- A drink driving or drug driving offence
- A dangerous driving offence
- A criminal offence involving the driving or use of a motor vehicle
Our solicitors are available to assist you with your Drink Driving, Drug Driving and Licence Disqualifications. Discuss the nature of your charge and how we can help you to minimise the damage of a drink driving offence.
AREAS OF EXPERTISE
- Appearing in Court on your behalf
- Preparing an Application for Work Licence
- Other Traffic Offences
KEY PERSONNEL
Contact Davoren Associates Drink Driving Lawyers Gold Coast
Whatever your legal query, contact Davoren Associates or visit our Surfers Paradise office to obtain solid advice at a reasonable price.
Call us on (07) 5575 2844 to arrange a consultation.
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