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Drink Driving Laws in QLD
Updated on May 29, 2015 • 2 min read • 357 views • Copy Link
Drink Driving Laws in QLD
Being charged with drink driving can certainly put a damper on your night out and affects not only your life but of the lives of those around you. We all know that if we go out for drinks and get in our car and drive home there is a good chance that we are going to be pulled over and breathalysed. Did you know however, that physically driving your car on a road is not the only way you can end up with a loss of licence?
Can I be charged with drink driving if I wasn’t driving my car?
Yes! You don’t have to be driving a vehicle to be charged with drink driving. The law is actually based on whether you had “control” of the vehicle. If you leave the pub and realise you have had too much to drink to drive home, it can be a mistake to think you can hop in your car, have a sleep and all will be good. You can get charged for drink driving if you are in the driver’s seat, passenger seat, or keys are in the ignition. You can even be charged while asleep in the back seat because you have put the keys in the ignition to turn the heater on. All of these circumstances have previously been found by Magistrates in Queensland to fall within the definition of being “in control” of the vehicle. If you have had too much to drink, the safest thing to do is to leave your car where it is and catch a taxi home or stay at a friend’s house!
Can I be charged with drink driving if I was driving on private property?
Did you know that you don’t have to be driving on a designated road to be charged with drink driving? You can also be charged while on private property. These types of offences normally arise if after a few drinks you decide to drive a motorbike or car on your property for a bit of fun. Something goes wrong and you have an accident and an ambulance is called who in turns contacts the police. The police may breathalyse you then and there, or, if the ambulance takes you to the hospital, a blood specimen can be taken.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
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