A person is guilty of the offence of Driving under the Influence if they have:
While they are under the influence of drugs or alcohol.
The penalties set are to deter drivers from consuming drugs or alcohol that may impact their ability to drive safely on the road. Accidents involving drugs and alcohol have a devastating impact on the community, and every driver should do what they can to reduce the likelihood of another accident.
When a person is charged with drink driving, there must be evidence of what that person’s blood alcohol content was. When a person is charged with DUI, it must be proven that the person was under the influence of drugs or alcohol – evidence such as observations of slurred speech, delayed cognition, the smell of alcohol, or behaviour associated with alcohol and illicit substances can be used to make the inference that the driver was driving under the influence.
The maximum penalty for the first offence is a fine of $3,300 and/or imprisonment for 18 months, and in subsequent offences, $5,500 and/or imprisonment for 2 years. An automatic license disqualification period of 3 years applies for the first offence, and 5 years on any subsequent offences (though the Court can reduce this with their discretion). A mandatory interlock order will also usually apply to alcohol-based DUI offences.
When a person is charged with drink driving, there must be evidence of what that person’s blood alcohol content was. When a person is charged with DUI, it must be proven that the person was under the influence of drugs or alcohol – evidence such as observations of slurred speech, delayed cognition, the smell of alcohol, or behaviour associated with alcohol and illicit substances can be used to make the inference that the driver was driving under the influence.
The maximum penalty for the first offence is a fine of $3,300 and/or imprisonment for 18 months, and in subsequent offences, $5,500 and/or imprisonment for 2 years. An automatic license disqualification period of 3 years applies for the first offence, and 5 years on any subsequent offences (though the Court can reduce this with their discretion). A mandatory interlock order will also usually apply to alcohol-based DUI offences.
When prescribed certain prescription drugs, you may be cautioned against driving if you feel certain side effects such as drowsiness. An offence will still fall under DUI if the drug is one that has been prescribed for medicinal purposes. Those who take a prescription drug and are influenced in some way by that drug can be liable for a conviction. Police may take a suspected offender to the hospital to undergo a blood or urine test to determine which drug the offender has taken.
Wollongong Criminal Law’s team of lawyers have experience in assisting their clients to achieve the best outcomes possible, including completely avoiding a license disqualification. We can defend your matter with your best interests in mind or assist in convincing the Court to give you a s10 dismissal. Give us a call to book your free initial consultation with our lawyers who will use their expertise to ensure you receive the best outcome in your matter.
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