Driving Under the Influence (DUI)
The offence of Drive Under the Influence is found in section 112 of the Road Transport Act 2013 (NSW) which deems a person guilty if they drive a motor vehicle whilst under the influence of drugs or alcohol.
You could be charged with DUI if you:
- Drive your vehicle heavily intoxicated.
Driving under the influence is usually used in situations where it isn’t possible to get an accurate reading of your blood alcohol level. Often, its because you may have been involved in a collision and had to be taken to hospital. In other circumstances its because you have refused a breath test.
DUI charges are brought for alcohol-related incidents, but also where it is believed that a person was driving while under the influence of an illegal drug or another intoxicating substance such as prescription medication.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You have driven a vehicle; or
- Occupied the driver’s seat of a vehicle and attempt to put the vehicle in motion; or
- Occupied the passenger seat of a car while a learner driver is driving; and
- Are under the influence of alcohol or drugs.
What are the maximum penalties for this offence?
The maximum penalties for DUI in NSW (first offence) are:
- Fine of $3,300.00; and/or
- 18 months imprisonment.
- Automatic Disqualification: 3 years
- Minimum Disqualification: 12 months
- Maximum Disqualification: Unlimited
The maximum penalties for DUI in NSW (second or subsequent offence) are:
- Fine of $5,500.00; and/or
- 2 years imprisonment.
- Automatic Disqualification: 5 years
- Minimum Disqualification: 2 years
- Maximum Disqualification: Unlimited
NSW Mandatory Alcohol Interlock Program
Upon conviction for a DUI, Courts in NSW are required to impose an Alcohol Interlock Order which must be completed at the end of your disqualification period. This is only the case if you have driven your vehicle whilst under the influence or alcohol. Once an interlock device has been fitted, you must blow into the device and register a zero BAC result in order to start the vehicle. You may also, at random times, be required to repeat this process to continue driving. You must not drive any other vehicle while you are under an interlock order. The interlock device will keep a record of any time you record a BAC over zero. Police will be able to access the record and you may be charged with additional offences.
Immediate License Suspension
In the event of an immediate license suspension, you must surrender your license and arrange alternative transportation.
If you receive an on-the-spot fine, the suspension period will be communicated to you immediately. Conversely, if you’re summoned to court, the court will determine a disqualification period, retroactively dated to the day of license surrender.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Will I Need to Attend Court?
For a first-time drink driving offense with a blood alcohol content (BAC) reading below 0.079, on-the-spot fines may suffice. However, second or subsequent offenses require a court appearance.
Have you been charged with Driving Under The Influence (DUI)?
If you’re facing the stress of DUI charges, know that you’re not alone. Our experienced legal team is here to support you through this challenging time. Take the first step towards protecting your rights and future by booking your first free consultation with us today. During your consultation, we’ll listen to your situation, explain your legal options, and outline a personalized strategy to defend against the charges you’re facing. Our goal is to provide you with the guidance and support you need to navigate the legal process with confidence. Don’t let DUI charges dictate your future. Contact us now to schedule your free consultation and take control of your situation. Contact our team today to book your first free consultation.