Driving Under the Influence (DUI)
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 find you guilty of the offence of DUI, the Police must prove beyond reasonable doubt that you were:
- Driving or in charge of a motor vehicle;
- You were under the influence of an intoxicating liquor or any 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 DUI depends on whether a person is a first or a repeat offender. The penalties are:
|Offence||Maximum Fine||Maximum Jail||Minimum Disqualification|
|First||25 penalty units||3 months||2 years|
|Second||120 penalty units||12 months||4 years|
|Third or subsequent||180 penalty units||18 months||4 years|
The Court may record a conviction against you.
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.