Can I be charged with drink driving even if I am not driving?

Yes there is a criminal offence to be in charge of a vehicle while being over the limit. This may mean that you can be charged if you have the keys on you and you are inside your car or found around the vicinity of your car.

An example is where you have decided to sleep off the effects of alcohol and have fallen asleep in the front seat of your car with your car keys on your person.

There is case law that can affect your outcome at court and so we highly recommend that if you are charged with such an offence to contact a criminal lawyer at Greenhalgh Pickard today.

What are the blood alcohol limits?

There are 3 Blood alcohol limits, these are the general alcohol limit which is between 0.05 – 0.099. The medium alcohol level 0.1 – 0.149 and the high alcohol level which is 0.15 and above. Each range has different penalties, and we would suggest that you read the drink driving page on our website to find these out.

For leaner drivers (and their instructors) or provisionally licenced drivers they need to blow a 0 blood alcohol level.

What is the difference between disqualified from driving vs suspended from driving?

If you have been charged with drink driving, there is a high chance that your driver’s licence will be disqualified. This means that your current licence has been cancelled and you will need to reapply for a licence at the end of your disqualification period. You will need to be on a provisional licence for a year before being able to apply for another open licence.

If you have been suspended, then you can resume driving under your open licence at the end of the suspension period. You do not need to reapply for your licence.

Are there limits for drug driving like with drink driving?

No, there is no limits relating to drug driving, You either test positive or negative and are charged accordingly.

How long will it take for me to blow under the limit?

We are not doctors so keep this in mind. However, there are many different factors that may effect the answer to this question. Alcohol is processed in everybody differently depending on their body composition. Another variable to throw in there is the amount of alcohol you had to drink, did you consume any food, go to sleep etc. This is something important to look into as people have blown over the limit the morning after having consumed alcohol. This is especially important for P platers as they can’t have any alcohol in their system. If you had a big night don’t risk it and wait another couple of hours. Maybe get some Maccas delivered for breakfast and watch some Netflix.

If I take medical cannabis, can I be charged with drug driving?

Yes, there are often warnings given with a medical cannabis licence which explains the risk of taking the medication and then driving. As mentioned above some drugs can sometimes be detectable in your system days after taking them. If you do have a medical cannabis licence and have been charged with drug driving we would highly recommend getting a criminal lawyer at Greenhalgh Pickard to assist you in court.

Can I be tested if I have been drinking in the past 20 minutes?

As part of the Queensland Police traffic manual a police officer must make sure that you have not consumed alcohol in the past 20 minutes as this may affect the results of their test and show you at a higher blood alcohol level. However, there is no legislative requirement for police to delay your test. As a result, you can still return an over the limit result from your test and be charged with drink driving.

If I am a full-time carer, can I get a work licence?

The short answer is no, in order to get a work licence you must be able to prove that you need your licence for work purposes. If you weren’t to get a licence and not work then it would cause financial hardship for your family. As you are not employed as a carer then you would not be able to apply for a work licence.

What is the difference between a work licence and a special hardship order?

A work licence is applied for if you have been charged with a drink driving offence. A special hardship order is applied for if your licence has been suspended because of exceeding your demit point limit or have been immediately suspended because of exceeding 40km/h above the speed limit.

Need a myth busted?

Contact the Criminal Lawyers here at Greenhalgh Pickard Solicitors for a free 15-minute consultation. Alternatively, you can drop into one of our conveniently located offices in Buderim, Caloundra, Coolum or Minyama and have a chat to one of the team.