A member asked almost 8 years ago


Male 26 is to appear on his 3rd DUI charge in 2 years.. last offence was this time last year.. breath alcohol level was 3 - 4 over legal limit whilst disqualified and driving an unregistered vehicle..

Will he be sentenced to imprisonment?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Whether a person will be sentenced to imprisonment depends on a wide range of factors, so the outcome of a charge such as drink driving cannot be predicted with much certainty.

You mentioned a number of offences: drink driving, driving whilst under the influence of drugs, driving whilst disqualified and driving an unregistered vehicle. In Western Australia, each of these is an offence under the Road Traffic Act 1974 (WA). Each offence has its own penalty: a fine, licence suspension or disqualification for a period of time, and/or imprisonment. Some offences attract a minimum mandatory penalty, especially if the offence is a second or subsequent offence. It is possible that, based on the seriousness of the most recent offence and any relevant prior convictions, a court would consider imposing a term of imprisonment.

However, the law requires that imprisonment be the penalty of last resort. This means that a term of imprisonment will only be imposed as a sentence if the court thinks it is the most appropriate outcome, taking into consideration a wide range of factors. These can be circumstantial factors, such as the events leading up to the offence, or personal factors, such as the characteristics and attitude of the offender and his or her current life situation. The laws around sentencing offenders are very complex and many factors will influence a court’s final decision.

Suggested way forward

It sounds like you would benefit from speaking to a criminal lawyer who can fully assess your situation and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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