Have you been caught Drink Driving?
Drive Under the Influence of Alcohol (DUI)
Section 112(1)(b) of the Road Transport Act 2013 (NSW)
Driving under the influence of alcohol occurs when a person uses or attempts to use a motor vehicle while under the influence of alcohol. In NSW it is an offence to either drive or ‘attempt to put a vehicle in motion’ while occupying the driver’s seat if under the influence of alcohol (or a prohibited drug).
This offence differs from the offence of ‘driving with a low/mid/high range of prescribed concentration of alcohol (PCA) in a person’s breath or blood’.
The offence of DUI requires Police to submit evidence based on their observations, and observations of civilian witnesses as to the accused’ driving and conduct. Evidence often includes the accused person’s appearance and other observations, such as the conduct of the driving of the vehicle. The Police are required to prove beyond a reasonable doubt that you, under the influence of alcohol (or another prescribed drug):-
- Drove a vehicle; or
- Occupied the driving seat of a vehicle and attempted to put the vehicle in motion; or
- Occupied the seat in or on a motor vehicle next to a learner drive who was driving the vehicle.
If you are charged with driving under the influence, the police can suspend and confiscate your license within 48 hours of the charge or penalty notice being issued. The suspension will remain in place until the offence is heard by a court. If your license is disqualified by the court, the Magistrate will consider the license suspension in deciding the disqualification period.
The penalties for DUI in NSW include fines, terms of imprisonment and disqualification periods. If you are convicted of a first offence of Driving Under the Influence, the maximum fine that a court can impose is $3,300. The maximum term of imprisonment is 18 months.
If you are charged with Driving Under the Influence of alcohol (or a prohibited drug), you should see a criminal law solicitor.
