Second Time Offence - Advice needed

[Amaan]

Hi there,
I got banned first for drink driving in April 2015 and I blew 52 on the in-station breathalyzer. My ban was lifted on January 2nd this year.

Yesterday I did it again... And I was driving fast and made a right turn, my car toppled over, and I was injured and taken to hospital. I believe my car may have hit a parked vehicle (with no one inside it). I understand I blew 170 in the initial breath test at roadside, however an in-station test was not taken as I had to be taken to Hospital, and they then did a further blood test at the hospital (about 1 hour and 30 mins later). I am told the results will not come back for 6-8 weeks.

I'm really ashamed about this, and feel lucky that I did not hit anyone. I've decided I am unfit to drive and I never want to drive again. I currently have depression and probably addiction problems, and I am keen to continue on with my life and hopefully get some professional help.

I just wanted some advice on what to expect? Is a jail sentence possible for me in this case?

 

[SeanJoyceStephensons]

If the initial breath specimen of 170 is accurate then you are at a very high risk of receiving a custodial sentence. The Court will normally consider the imposition of a custodial sentence for readings of 120 and higher, the fact that this is your second offence in a very short space of time will also be a significant aggravating factor. You will have to wait for the blood result to come back before knowing whether you will be charged, and what reading you will be charged with. I would very strongly advise that you obtain legal representation for this matter. Because of your reading you may well be eligible for legal aid, provided that you meet the financial requirements.

It is not a certainty that you will receive a custodial sentence (I recently acted for someone in a similar case where no custodial sentence was imposed) however putting detailed mitigation to the Court will be vital to minimising the sentence.