Drink Driving

Driving While Under the Influence

The Offence

The offences falls under section 79(1) of the Transport Operations (Road Use Management) Act 1995 (Qld):

Any person who, while under the influence of liquor or a drug—

(a) drives a motor vehicle, tram, train or vessel; or

(b) attempts to put in motion a motor vehicle, tram, train or vessel; or

(c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.

The prosecution must prove beyond reasonable doubt that the defendant was:

  1. under the influence of liquor or a drug, and
  2. driving / attempting to put in motion / in charge of a motor vehicle, tram, train or vessel

The Maximum Penalty and Disqualification Period

The consequences an accused faces if convicted vary according to the accused’s history. These variations in consequences are detailed in ss(1A)–ss(1E).

Offence Section History Alcohol Concentration Maximum Penalty
Driving while under the influence 79(1) nil >150mg / 100mL blood
>0.150g / 210L breath		 28 penalty units or 9 months
  79(1A) Convicted under 79(1) in the last 5 years >150mg / 100mL blood
>0.150g / 210L breath		 60 penalty units or 18 months
  79(1B) Convicted of any offence in connection with or arising out of driving, or summarily convicted under s 328A of the Criminal Code in the last 5 years >150mg / 100mL blood
>0.150g / 210L breath		 60 penalty units or 18 months
  79(1C) Convicted twice under 79(1) or for the reasons under (1B) in the last 5 years, or convicted previously under 79(1) and for reasons under (1B) >150mg / 100mL blood
>0.150g / 210L breath		 Justices must impose, wholly or partly, imprisonment
  79(1D) Convicted under (1F), (2), (2AA), (2A), (2B), (2J), (2K) or (2L) in the last 5 years >150mg / 100mL blood
>0.150g / 210L breath		 30 penalty units or 1 year
  79(1E) Convicted  twice under (1F), (2), (2AA), (2A), (2B), (2J), (2K) or (2L) in the last 5 years >150mg / 100mL blood
>0.150g / 210L breath		 60 penalty units or 18 months