You can be jailed for drink driving
Whilst being sent to jail is usually always the last resort for Magistrates in deciding how to sentence you for drinking, it is possible to be jailed for drink driving and we have seen it many times in various courts across Sydney and New South Wales. If you are in court for your third or fourth drink drive, are on a good behaviour bond or an intensive correction order, our advice would be to bring your toothbrush to court (as you may be going straight to jail).
What’s the likelihood of getting a section 10 for low range drink driving, mid-range drink driving and high range drink driving
Sections 10’s can be given by a Magistrate across all drink driving charges. However, a Section 10 is aimed at offences deemed trivial in nature. For example, stopping in a no stopping zone at 2 am in a deserted street or going through a red light to avoid a child who has run out in front of you.
We have had many successes in achieving a section 10 for drink driving across all ranges however they are often inappropriate and a Magistrate will only consider them in limited circumstances. High range drink driving is such a severe penalty that a section 10 is extremely unlikely to be handed out by a Magistrate.