Will I Go to Jail for Drink Driving?

Will I go to jail for drink driving?

In a recent case, a client faced drink driving charges and sought assistance from Walker Pender Group. Our team explained that the outcome depends on various factors such as the circumstances of the offence and prior convictions.

We worked closely with our client, building a case for a favourable outcome. With our support, the client received penalties including fines, licence suspension, and participation in an alcohol education program, but avoided jail time.

By working with our knowledgeable lawyers, you’ll receive expert guidance and support to navigate your legal journey and achieve the best possible outcome. We always recommend consulting with a qualified lawyer for personalised advice tailored to your specific situation.

This article provides valuable insights to help you understand the consequences, penalties, and legal aspects of the serious offence of drink driving, aiding you in navigating this challenging situation.

How do I get charged with drink driving?

Drink driving occurs when a person operates a motor vehicle while under the influence of alcohol.

In Queensland, there is a legal limit for blood alcohol concentration (BAC) that drivers must adhere to, which is 0.05%.

If you are charged with drink driving, you have been found to exceed this limit while driving.

Read more: Legal Aid Criminal Law Services at Walker Pender Group

Will I Go to Jail for Drink Driving? for a second time?

If you have been caught drink driving for a second time, it’s essential to be aware of the severe consequences you may face.

In Queensland, the penalties for a second-drink driving offence are stricter than for a first offence.

If you find yourself in this situation, you may face higher fines, a more extended period of license suspension, and even the possibility of imprisonment.

The same penalties will depend on factors such as your blood alcohol concentration (BAC) level, previous traffic offences, and the time since your last violation.

What is Mid-Range Drink Driving?

Mid-range drink driving is defined as driving a vehicle with a blood alcohol concentration (BAC) of 0.10% or higher, but less than 0.15%. It is considered a serious traffic offense with significant penalties.

Also read: Low-Range Drink Driving in QLD Penalties

Penalties to Mid-Range Drink Driving

Penalties for Mid-Range Drink Driving in QLD:

First Offense:

• Maximum Penalty: 6 months imprisonment and/or 20 penalty units (currently $3,096).
• Minimum License Disqualification: 3 months.

Second Offense (within 5 years):

• Maximum Penalty: 6 months imprisonment and/or 20 penalty units (currently $3,096).
• Minimum License Disqualification: 3 months.

Third and Subsequent Offenses (within 5 years):

• Maximum Penalty: 9 months imprisonment and/or 28 penalty units (currently $4,334).
• Minimum License Disqualification: 3 months.

Other Potential Consequences:

• Vehicle impoundment or confiscation.
• Installation of an alcohol ignition interlock device.
• Mandatory participation in a drink driving education program.
• Increased insurance premiums.

What is High-Range Drink Driving?

High-range drink driving refers to driving with a blood alcohol concentration (BAC) of 0.15% or higher. The penalties vary depending on whether it’s a first, second, or subsequent offense, and the specific circumstances of the case.

Penalties to High-Range Drink Driving

First Offense:

• Maximum Penalty: 9 months imprisonment and/or 28 penalty units (currently $4,334).
• Minimum License Disqualification: 6 months.

Second Offense (within 5 years):

• Maximum Penalty: 18 months imprisonment and/or 60 penalty units (currently $9,288).
• Minimum License Disqualification: 1 year.

Third and Subsequent Offenses (within 5 years):

• Maximum Penalty: 18 months imprisonment and/or 60 penalty units (currently $9,288).
• Minimum License Disqualification: 2 years.
• Mandatory Imprisonment Component: The law requires that a sentence for a third or subsequent offense includes imprisonment, though this does not always mean a full-time prison sentence.

Other Potential Consequences:

• Vehicle impoundment or confiscation.
• Installation of an alcohol ignition interlock device.
• Mandatory participation in a drink driving education program.
• Increased insurance premiums.

Penalties for repeat drink drivers:

• Extended License Disqualification: One of the primary penalties for repeat drink drivers is an extended license disqualification period. While first-time offenders typically face shorter disqualification periods, repeat offenders may face much more extended periods without the ability to drive legally. These disqualification periods can range from months to several years; in some cases, even lifetime disqualification is possible.
  
• Vehicle Impoundment or Immobilization: In certain instances, particularly for high-range drink driving offences, the courts may order the impoundment or immobilisation of the offender’s vehicle. This penalty prevents the individual from driving altogether by rendering their vehicle inoperable or confiscating it for a specific period. The cost of impoundment and retrieval, as well as the inconvenience caused, serve as significant deterrents.
  
• Mandatory Alcohol Ignition Interlock Device: Repeat drink drivers, especially those convicted of high-range offences, may be required to install an alcohol ignition interlock device in their vehicle. This device measures the driver’s breath alcohol concentration and prevents the car from starting if alcohol is detected. The interlock period usually lasts for a specified duration, and any attempts to tamper with or bypass the device can result in further penalties.
  

• Lengthy Imprisonment: Imprisonment becomes a more likely consequence for serious repeat drink driving offences or cases involving aggravating factors. While the prison duration varies depending on the circumstances, repeat drink drivers may face significant periods of incarceration, especially if they have multiple prior convictions or have caused accidents resulting in injury or death.
  
• Higher Fines and Court Costs: Repeat drink drivers often face higher fines and court costs than first-time offenders. The exact amount of the penalties and fees will depend on factors such as the severity of the offence, the number of prior convictions, and other aggravating circumstances. These financial penalties serve as a further deterrent and can burden the offender considerably.

Further requirements after the suspension period ends

• Apply for license reinstatement: To regain your full driving privileges, you must apply for your driver’s license to be reinstated. The process for reinstatement may vary depending on the circumstances of your offence. You must apply to the Queensland Department of Transport and Main Roads.
• Pay reinstatement fees: As part of the reinstatement process, you will usually need to pay reinstatement fees. The amount of these fees can vary, so it’s best to check with the Department of Transport and Main Roads for the current prices.
• Attend any required assessments: In some cases, you may be required to undergo checks such as a medical examination or a driver knowledge test. These assessments help determine your fitness to drive and ensure your knowledge of road rules.
• Fulfil any additional requirements: Depending on the specific circumstances of your offence, there may be other requirements you need to fulfil. These could include completing a driver education program, participating in alcohol or drug counselling or rehabilitation, or meeting any conditions imposed by the court.

How does a drink driving conviction effect car insurance in Queensland?

A drink driving conviction can impact your car insurance in Queensland. Insurance providers may consider you a higher risk and increase your premiums or impose specific conditions on your policy. It’s advisable to check with your insurance provider to understand how a drink driving conviction may affect your coverage.

Can I participate in a drink-driving education program to reduce my penalties?

In some cases, participation in a drink-driving education program may be available to reduce the penalties associated with a drink driving offence in Queensland.

These programs aim to educate drivers about the risks and consequences of drink driving. Eligibility and availability may vary, so it’s best to consult with a legal professional for guidance specific to your situation.

Need help with a drink driving case?

It is always recommended to consult with a qualified lawyer for personalised advice related to a drink driving case.

Don’t risk your future by making uninformed decisions. Contact Walker Pender Group today to schedule a confidential consultation. Let us guide you through the legal process and work towards the best possible outcome for your case.