Will I go to Jail for Drink Driving In Queensland

Will I go to Jail for Drink Driving In Queensland?

Addressing Sentencing and What Influences Whether Jail is Imposed.

Whether or not you go to jail for drink driving in Queensland largely depends on the seriousness of the criminal offence and your personal history, particularly any prior traffic or criminal convictions.

For a first-time offender with a low-range Blood Alcohol Concentration (BAC of 0.05 to 0.099) or mid-range (BAC of 0.10 to 0.149) , a term of imprisonment for DUI is uncommon. In such cases, courts usually impose non-custodial penalties, including fines, licence disqualification periods, and in some situations, probation or community-based orders.

The likelihood of imprisonment increases significantly in more serious cases. High-range drink driving (DUI)—where the driver’s BAC is 0.15 or higher—is viewed as a grave offence due to the heightened risk to public safety. If the offence involves a motor vehicle crash, causes injury or death, or occurs under aggravating circumstances such as driving while disqualified or while subject to court-ordered conditions, courts may consider jail time as a proportionate and necessary sentence.

Repeat offending is a major factor that influences sentencing severity. Courts treat habitual drink drivers as posing an ongoing risk to the community. In recognition of this, Queensland legislation mandates a prison term for individuals who are convicted of three high-range drink driving offences (DUI) within a five-year period. This provision highlights the state's firm stance on recidivist behaviour.

Sentencing is not automatic and is determined on a case-by-case basis. The court will consider the specific facts of the offence, including the driver’s BAC, whether there were passengers in the vehicle, whether the driver cooperated with police, and any harm caused. Additionally, the offender’s personal circumstances, criminal history, expressions of remorse, rehabilitation efforts, and the risk of reoffending all play a role in the court’s decision.

Ultimately, while jail is not a certainty for all drink driving offences, it is a real possibility in cases involving high-range readings, repeat offences, or aggravating factors. The overarching aim of sentencing is to punish the offender, protect the public, and deter similar conduct, both by the individual and the broader community.

Authors:

Tom Gardiner
Principal

Jiabei Qi
Solicitor

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact the Fisher Dore team.

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