Drink Driving QLD

Drink driving is one of the identified factors leading to road accidents and eventually loss of life. The authorities in Queensland in 2010, in order to address the growing number of alcohol-related accidents and to save lives reformed its drink driving laws which took effect in the mid 2011. Drink driving is considered as a serious offense.

This new law is the Transport and Other Legislation Amendment Bill 2011. This legislation amended the Transport Operations (Road Use Management Act) 1995. Section 79 and section 79 (A) of the said Act was amended and clause 100 was inserted and it introduced a new middle alcohol limit offence.

Under this legislation, one who has blood alcohol content (BAC) which exceeded or greater than the specified limit and drives a vehicle is deemed to have committed a drink driving offence. Under the amended law, police officer is authorized to immediately suspend license of drivers with blood alcohol limit of 0.10 or greater. The arresting or detaining officer can conduct evidentiary breath analysis test without need of the presence of the second officer which is required before under the old law to corroborate the evidence of the arresting officer. This reformed law also allows the police officer to conduct evidentiary secondary blood sample or do breath analysis test up to three hours, from the 2 hour limit previously imposed by the old law.

The duration of the penalties depends upon the blood alcohol content of the drink driver. For first time offender, the penalty would include fine and disqualification. Those who have previous convictions, the magistrate court would have the discretion to increase the disqualification period.

A new subsection in the Transport Operations (Road Safety Management) Act 1995 specifically under section 79 which is now (791F) was added and it provides that it is now an offence to drive, or to put into motion or be in charge of a motor vehicle while a person is over the middle alcohol limit of 0.10 but not greater than the high alcohol limit of 0 .15

Persons who were charged with middle alcohol content of 0.10 will be immediately barred from driving and will face the charges in court nearest to the place where they were flagged down. Their driver’s licenses were also automatically suspended. If they have no driver’s license at the time of the apprehension for drink driving, they are disqualified to obtain a Queensland driver license.

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