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Can you commit a drink driving offence in your driveway?

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There seems to be some amount of confusion as to whether or not you can commit a drink driving charge in Queensland within a private are such as your driveway, or in a, say a private place such as a car park. We are often contacted by people who believe they should not have been charged with a drink driving charge as they were not on a road at the time of the offence. In Queensland the legislation is fairly clear when it comes to drink driving. The police have to essentially prove three things to obtain a conviction for a drink driving offence The first is the fact that the person had alcohol in their system, the second is that they were the driver or in charge of the vehicle at the time of the offence. The last thing that must be proven is where the offence occurred.  The legislation provides that the drink driving an offence can be committed can be committed on or upon a road or elsewhere.

 

Section 4 of the Transport Operations (Road Use Management) Act defines a road and elsewhere to mean any place other than a road, so in essence the definition where a drink driving offence can occur is on a road, or in any place other than a road. So you can see that there is no place where you can be driving and not be potentially charged with a drink driving charge. Interesting, a motor vehicle may still be considered a motor vehicle even if it is impossible to drive, although there are occasions where a person is caught in charge of a motor vehicle that is not actually driving a motor vehicle, but occupying the front seat of the vehicle, or being in charge by way of the fact that they have access to the vehicle and was shown intention to drive.

 

If you need any information on drink driving in Queensland visit our drink driving page at www.drivinglaw.com.au/services/drink-driving  or call 1300 952 255

 

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