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Harlowe VaneCriminal Defence

PCA · DUI · drug driving

Drink & drug driving

For most people a drink or drug-driving charge is their first time in a courtroom — and the licence disqualification hurts more than the fine. Early advice protects your record, and sometimes your livelihood.

Drink and drug-driving offences are prosecuted under section 79 of the Transport Operations (Road Use Management) Act. Penalties climb with the blood-alcohol range and with any prior offence, and a period of licence disqualification is mandatory — even on a first offence.

That does not make the outcome fixed. The reading, the testing procedure and the timing can all be examined, and there is real work to be done on penalty: reducing the disqualification, arguing for a non-conviction where eligible, and — in limited cases — applying for a restricted 'work licence' so you can keep earning.

The charges — and what they carry

Low-range drink driving (0.05–0.099)s79 TORUM Act 1995
Maximum penalty1st offence: fine up to $2,167 and 1–9 months licence disqualification
Mid-range drink driving (0.10–0.149)s79 TORUM Act 1995
Maximum penalty1st offence: fine up to $3,096, 3–12 months disqualification, up to 6 months imprisonment
High-range drink driving (0.15+)s79 TORUM Act 1995
Maximum penalty1st offence: fine up to $4,334, minimum 6 months disqualification, up to 9 months imprisonment
Driving with a relevant drug presents79 TORUM Act 1995
Maximum penaltyFine and 1–9 months disqualification (higher for repeat or driving-while-affected)

Figures are statutory maximums under Queensland law. Actual sentences are usually far lower — get advice about your matter.

Defences we run

  • The breath or blood procedure was not properly followed
  • You were not the driver, or not driving on a road or in a public place
  • The reading is unreliable (timing, calibration, medical factors)
  • Eligibility for a restricted work licence
  • Strong mitigation to reduce disqualification and avoid a conviction

How we defend you

  1. We check the certificate, the procedure and your eligibility for a work licence before you plead.
  2. We prepare references and material for a section-10 / no-conviction or reduced-disqualification submission.
  3. We appear for you so, in many cases, you do not have to take a day off work to attend.

Questions people ask

Will I lose my licence?

A disqualification is mandatory for drink and drug-driving offences, but the length sits within a range. We argue for the minimum and, where you qualify, apply for a restricted work licence so you can keep driving for work.

Can I get a work licence?

Sometimes. Eligibility depends on your reading, your history and whether you need to drive for your job. We assess it at the first consultation and, if you qualify, prepare the application.

Speak to a criminal lawyer today

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