If you’re facing a mid-range drink driving charge, it’s often a stressful and daunting time. You might feel nervous about the long-term effects of your penalty, unsure of how severe it will be, and trying to figure out the best next steps. Below we explain the times when you may be more likely to face prison time, as well as other penalties such as fines and licence disqualification.
What is mid-range drink driving?
In Queensland, mid-range drink driving is when your blood alcohol concentration (BAC) is between 0.10% and 0.149%. This is roughly equivalent to 4–5 standard drinks in the first 2 hours.
Mid-range drink driving is treated more seriously than low-range drink driving (blood alcohol of over 0.0 and under 0.10 BAC), however it often does not require jail time. This is particularly true for first-time offenders.
The reason for harsher penalties is that drink driving is one of the leading causes of car accidents in Australia. In Queensland, 11% admit to driving when they’re over the alcohol limit and 21% admit to driving the next day when they could still be drink driving. The best advice is not to drive when you’ve been drinking, but if you have been caught driving under the influence below are some important considerations.
What are the penalties for mid-range drink driving?
If you’re caught drink driving, you’ll need to attend court where your penalty will be decided. For those charged with mid-range drink driving, the penalties depend on a range of factors. The key things a court will consider include:
- A previous charge of drink driving or traffic offence
- A high BAC within the mid-range category
- Dangerous driving (such as speeding or swerving)
- If there was an accident and someone was injured
- If the driver was already disqualified
- Poor history with previous court orders
The most common penalties for mid-range drink driving include fines, alcohol ignition interlock requirements, a criminal record, and licence disqualification. In rare cases the driver may also face prison time which is usually due to aggravating factors mentioned above such as other convictions and factors such as dangerous driving and injury.
First-time offenders
For first-time mid-range drink driving offenders, the licence disqualification penalty is currently 3–12 months, the fine is $3,338, and the maximum prison sentence is 6 months. However, courts generally take the rehabilitation approach for these cases, and a prison sentence is very unlikely in Queensland. If you show remorse, plead guilty early, and follow any programs or counselling as directed by the magistrate, the likely outcome is a fine and licence disqualification.
You are also less likely to face a prison sentence as a first-time drink driver if your BAC is closer to 0.10 and you cooperated with police. Every action you take after being caught can contribute to the overall outcome of your case, so it’s important to carefully consider each step.
When am I more likely to face jail time for mid-range drink driving?
Each case will be assessed individually based off the evidence presented. Courts put a lot of focus on how intoxicated you were and how much risk you posed to other road users. Prison becomes more likely if you have had another mid-range drink driving conviction in the past 5 years. If your alcohol level is in the higher range of 0.14–0.149, the chances of facing a sentence also increase.
Even if you are a first offender, aggravating circumstances such as causing an accident or driving dangerously may result in prison time. However, the length of the sentence will likely be shorter if it’s your first offence. If you refuse to complete a breathalyser or blood test, you may also face a harsher penalty for not complying with the law. Other aggravating factors include driving while suspended or disqualified, driving with children in the vehicle, and if you’re already facing other charges at the time you’re caught drink driving.
If any of these factors are involved in your case, it’s important to speak to a lawyer. A lawyer may be able to minimise the penalties and make sure you’re on the right path to a better outcome.
What is an alcohol interlock device?
An interlock is a device connected to your vehicle ignition and can be installed once your disqualification period has ended. The engine won’t start until you have provided a clear breath sample and no alcohol is present. This is a common penalty for drink driving and will record data such as photos, breath sample results (both positive and negative), and when the vehicle is used. Other people can use the vehicle but will also have to provide a clear breath sample.
When should I get legal advice?
Your first court appearance matters more than you might realise. What you do before and during this appearance can impact whether you serve jail time, how long your licence is disqualified for, and whether the conviction is put on your criminal record. Due to the risks involved, we recommend speaking to a lawyer early on to minimise your penalties.
A lawyer will assess how likely it is that you’ll face prison time, as well as preparing mitigating evidence and negotiating alternatives to having a criminal record or facing a sentence. To get free initial advice, get in touch with our drink driving lawyers.