Most people know that if they are caught drink driving in Queensland, they will be disqualified from holding or obtaining a Queensland driver’s licence for a period of time, with the minimum period being one month. What a lot of people don’t realise, however, is that drink driving can result in mandatory prison sentences if certain conditions are met.
The relevant legislation says that if you are convicted of driving under the influence of alcohol (DUI) for a third time within a period of five years, then you must receive a penalty of imprisonment as the whole or part of your punishment. A person is DUI if they have a blood alcohol concentration that equals or exceeds 0.15%.
This means that if you have been caught DUI twice within the last five years and you are again convicted of DUI for a third time, the Magistrate or Judge has no option but to impose a penalty that includes imprisonment (whether actual or suspended). This will be in addition to any disqualification of your driver’s licence and other punishments.
The simple solution to avoid this situation is to not drink before driving; however we understand that people can make mistakes. Therefore if you find yourself in a situation where you have been charged with drink driving, it is important that you speak with a lawyer as soon as possible to make sure that you get proper advice and representation.