If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of the current drink driving charge in Queensland. However, these are not the only forms of transport you are able to be caught drink driving. Do you know the laws?
The Transport Operations (Road Use Management) Act 1995 (Qld) provides an array of different vehicles that will lead to an offense if drunkenly driven. In addition to the regular transport of cars, motorcycles, and trucks, drink driving charges may also arise from the operation of trams, trains, vessels, scooters, skateboards, and any other wheeled recreational device.
However, the ‘vehicle offenses’ also relate to persons caught driving or in charge of a horse or any other animal on the road.
If you are found to be riding a horse with a blood alcohol concentration exceeding the legal limit, you are able to be charged and convicted of drink driving.
The maximum penalty for this offense is a $4000 fine or up to nine months imprisonment.
Although the severity of drinks in public is serious, the maximum penalties are only enforced in the most severe circumstances. Regardless of what penalty is imposed, you will generally not have your license disqualified.
Many people are simply caught out by these rules as they do not understand drink driving does not have to occur in a car or motorcycle alone. It is important to appreciate you are able to be charged whilst in charge of almost all forms of vehicular devices regardless of whether it has a motor.
Unfortunately for many people, these kinds of offenses often arise when their car license has already been disqualified and the person is using alternative means of transport. If caught drink driving on a disqualification period, this will significantly increase the penalty for any subsequent offense.
The point to be taken away is that if you need to go somewhere after you have had a few drinks, the best option is to have someone else drive you. If there are no alternate options, play it safe and simply walk.
To learn more about drink driving Australia and If you need any help, please contact the Brisbane family lawyer team at James Noble Law for a FREE 20-minute consultation today to schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.
You may also like to know more information about the