The offence of Driving under the Influence of an Intoxicating Liquor or Drug (DUI) is separate from a PCA charge as it does not require evidence from a breath analysis to prove the charge.
To convict you of the offence of DUI, the Police must prove beyond reasonable doubt that you were:
- Driving a motor vehicle;
- On a road or road related area;
- You were under the influence of an intoxicating liquor or drug; and
- The influence was as such as to render you incapable of having proper control of the vehicle.
Evidence is generally in the form of observations from the Police who attended the scene, for example slurred speech, smelling liquor, unsteadiness or a car accident. This is often difficult and is open to subjective reasoning by the attending officer as there is no objective or scientific way of proving whether or not a person is under the influence of alcohol.
The maximum penalty for this charge depends on whether a person is a first or a repeat offender. In either case, the starting point at sentencing would be for the Court to record a conviction, impose a fine and disqualify your licence for three years, for a first offence and five years for a second offence.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.