Queensland law provides that where a person has two high range drink driving charges (a high range being above .15) and a person is again charged with another high range drink driving charge then the court must impose a sentence of imprisonment (all offences must occur within 5 years).
In those circumstances the question becomes whether the person will actually spend time in jail. Whilst the legislation says a term of imprisonment must be imposed, there are options other than a person spending time in jail. Those options are either a wholly suspended sentence or an immediate parole release date.
A wholly suspended sentence involves a person being sentenced to a term of imprisonment but not being required to serve that imprisonment if they keep out of trouble for a length of time, usually 12-18 months. This way a person can remain in the community with the prison sentence hanging over them for a period of time, if they behave no further action is taken, if they commit an offence that carries a jail sentence then they will be bought before the court to serve the original suspended sentence.
An immediate parole release date is where a person is sentenced to imprisonment but is released from court into the supervision of a parole officer. They will be required to undertake courses and other programs but if they remain trouble free they will not have to serve the original sentence.
It is critical where a person is facing a high range drink driving charge especially for the third time that they get immediate legal advice. It is essential that proper submissions are placed before the court by an experienced traffic lawyer to try and ensure that the court does not require the defendant to serve time in prison.
How do I get more help or engage you to act for me?
We have been operating since 2010 and undertaken 1000’s of drink driving charges throughout South East Queensland.
If you want to engage us or just need further information or advice then you can either;
- Use our contact form and we will contact you by email or phone at a time that suits you
- Call us on 1300 952 255 seven days a week, 7am to 7pm
- Visit our main website or drink driving page
We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast and out to Toowoomba. We have 6 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.
Need more information?
We have a range of articles on drink driving on our blog. Some of the most recent have included:
- Top 5 Drink Driving Myths
- The Essential Guide to Obtaining a Work Licence
- Drink Driving on a Lime Scooter
- How Drink Driving Matters are Heard in Queensland
- What happens after your drivers licence is disqualified?
- Refusing a Breathalyser Test in Queensland
- Can you commit a drink driving offence in your driveway?
- Immediate suspension for drink driving
- Case Study - High Range Drink Driving and Disqualified Driving
- Three High Range Drink Driving Charges
- Special Hardship Orders v Work Licences
- High Range DUI
- Going through a drink driving charge in Brisbane Magistrate Court
- DUI Charges
This article general information only and not legal advice and is rewritten subject to our disclaimer that can be read by clicking here