Drunk driver caused head-on while going to buy more drinks
DRUNK and behind the wheel, Luke Wesley Henderson was driving on the Bruce Highway at Apple Tree Creek to get more drinks and continue his drinking session when he tried to overtake a truck.
His dangerous actions were compounded by his attempt to do so while crossing double white lines at more than 100km/h.
Instead of completing the manoeuvre, Henderson was confronted by a car coming towards him and despite attempting to avoid a collision, the cars slammed into each other.
While the other car was written off, the driver was relatively uninjured.
And although Henderson's car ended up off the road and on its roof, he also suffered only minor injuries despite the potentially life-threatening scenario.
Appearing in Bundaberg District Court, 28-year-old Henderson pleaded guilty to dangerous driving while intoxicated and the summary offence of DUI in relation to the crash on May 13 last year.
Crown prosecutor Stephanie Gallagher said the crash happened about 7.30pm as Henderson was travelling south behind a large semi-trailer.
"A blood sample was taken from him at 10pm that night and at that time he had a blood alcohol content of 0.152," she said.
"More than two hours after the incident his blood alcohol concentration was still three times the legal limit.
"His conduct of attempting to overtake a truck on double white lines can only be described as reckless and totally indifferent to the safety and rights of other road users and himself.
"The very real risk and dangers associated with getting behind the wheel of a car while drunk are well known."
The court heard Henderson had a previous drink driving conviction from 2010 when he was caught driving with a blood alcohol level of 0.194 per cent.
Ms Gallagher submitted a relevant punishment would include actual imprisonment to serve as both a personal and general deterrent.
Henderson's defence lawyer submitted that any term in jail would have a significant ramification for his client, who was a carer for his mother.
However Judge Michael Rackemann found that a prison term was justified and ordered Henderson to spend three months of a 15-month sentence behind bars.
Henderson was also disqualified from driving for two years.