Being charged with drink driving is damaging and the severity of the charge depends upon the amount of alcohol consumed, what range (low, moderate or high) you are in and whether you have previous charges.

Drink driving charges usually fall into the following categories:

• Section 79(1) – No Prior Offences

• Section 79(1) – One Prior Offence

• Section 79(1) – Two Prior Convictions

• Section 79(1) – Two Prior Convictions Arising from Motor Vehicle

Section 79 of the Transport Operations (Road Use Management) Act Queensland provides:

(1) 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.

To being convicted of the offence, the police must show the accused was driving a motor vehicle, tram, train or vessel or was attempting to put a motor vehicle, tram, train or vessel into motion or was in charge of a motor vehicle, tram train or vessel and was under the influence of a liquor or drug.

To maximise your changes of a reduced sentence, or disqualification, it is crucial you contact one of our experienced traffic lawyers now.