ByLawyers News and Updates

Drink driving – QLD

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Amendments to drink driving legislation relating to interlock orders and driver education programs commence in Queensland on 10 September 2021.

Interlock program now applies to more drink driving offences

From 10 September 2021 mandatory interlock orders apply upon conviction for any drink driving offence with a BAC of 0.10 or greater. Previously interlock orders only applied to offences with BAC of 0.15 or more.

An interlock device is a breath testing instrument which is connected to the electrical system of a motor vehicle and prevents the engine being started unless the driver passes a breath test. These devices must be installed, by an approved installer at the driver’s expense, if a court order makes it a requirement of being able to obtain a driving licence.

Education programs for drink drivers

From 10 September 2021 conviction for any offence which attracts a mandatory interlock order renders the driver ineligible to obtain a licence for 5 years from the date of their conviction unless they have completed an approved drink driver education program.

First offenders must complete a brief intervention education program (BIEP). Repeat offenders must complete a repeat offender education program (ROEP). These programs are separate to the Queensland Traffic Offenders Program, which is generally completed prior to the offender being sentenced.

Exemptions from completing the required drink driver education programs are available. Applicants must show that requiring them to do the program would be unreasonable or cause severe hardship. However, applications for exemption cannot be made until the end of the applicable licence disqualification period.

Publication updates

The By Lawyers Magistrates Court (QLD) – Traffic Offences guide has been amended accordingly. See Alcohol Ignition Interlock Program in the commentary for more information. The precedent Letter to client finalising the matter and confirming outcome of plea has been amended to incorporate the new provisions.

Drink driving – Criminal NSW

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In a small but significant change to drink driving laws, from 20 May 2019 offenders charged with first time, low range prescribed concentration of alcohol offences in NSW will be fined and have their licence suspended immediately for three months, rather than receive a Court Attendance Notice.

This results in such offenders needing to make a court election if they wish to ask the court to dismiss the charge and not record a conviction under s 10 Crimes (Sentencing Procedure) Act 1999.

It will also be available to such offenders to make a licence appeal to the Local Court, if they seek to avoid or reduce the period of suspension. A licence appeal can only be made after conviction. The offender has a conviction recorded either by paying the fine in the first instance, or by the court imposing a conviction where a court election is made and no section 10 dismissal is granted.

This means that from now on lawyers are unlikely to see some first time, low range PCA offenders at all, or at least not until after they have paid their fine and are seeking to appeal their licence suspension. As a licence appeal is a slightly different advocacy exercise to a drink driving plea, these changes will involve a re-calibration of the approach to advising and appearing for clients in first time, low range drink driving cases.

For more information, including the full details of penalties for drink driving offences which appear in the Appendix at the end of the commentary, see the By Lawyers Traffic Offences guide.

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