If you want to know what the penalty is for drunk driving on the Gold Coast, it largely depends on your Blood Alcohol Concentration (BAC) and driving history. The penalties, governed by Queensland’s Transport Operations (Road Use Management) Act 1995, include fines, licence suspensions, and possible imprisonment.
Penalties Based on BAC Levels for First Time Offenders
Drunk driving penalties are influenced by your BAC and whether it’s your first or a repeat offence. Here’s an overview:
- For Learner, Provisional, or Probationary Licence Holders:
- BAC over 0.00% but under 0.05%: You face a licence disqualification of 3 to 9 months, a maximum fine of $2,167, and up to 3 months of imprisonment.
- For Open Licence Holders:
- BAC of 0.05% and over, but under 0.10%: A disqualification of 1 to 9 months, a maximum fine of $2,167, and up to 3 months in jail.
- BAC of 0.10% and over, but under 0.15%: A disqualification of 3 to 12 months, a maximum fine of $3,096, and up to 6 months in jail.
- BAC of 0.15% and over: A minimum disqualification of 6 months, a maximum fine of $4,334, and up to 9 months in jail.
Immediate Licence Suspension
In certain cases, your licence will be suspended immediately:
- If you are caught with a BAC of 0.10 or higher.
- If you commit a low-range drunk driving offence while an earlier drunk driving charge is still pending.
- If you refuse to provide a breath or blood sample.
The suspension remains in place until the court finalises your case.
Penalties for Repeat Offenders
Repeat offenders face harsher penalties, including:
- Licence disqualification significant disqualification periods.
- Fines as high as $9,678.
- Vehicle impoundment if your BAC is over 0.15 or if you refuse to provide a sample.
- Imprisonment, with the term decided by the court.
If you’ve been convicted of drunk driving within the past five years, you’re considered a repeat offender, and the penalties increase accordingly.
Further Requirements After Suspension
After your suspension ends, you’ll be required to hold a probationary licence for 12 months, meaning you’ll be subject to a zero-alcohol limit during this time. Additionally, if your BAC was over 0.15, or if you are a repeat offender, you must have an interlock device installed in your vehicle for 12 months. If you choose not to install the interlock, you’ll face an additional two-year suspension.
Conclusion
If you want to know what the penalty is for drunk driving on the Gold Coast, keep in mind that the consequences can be severe, especially for repeat offenders or those with high BAC levels. Penalties range from fines and licence suspensions to potential jail time. It’s important to seek legal advice and understand your rights to effectively navigate these penalties.