DUI (NSW)17 January 2024 in Traffic Law
In New South Wales, it is an offence under section 112 of the Road Transport Act 2013 to use or attempt to use a motor vehicle while under the influence of alcohol or another drug.
What Must The Prosecution Prove?
A person is found guilty of DUI in NSW if they are proven beyond a reasonable doubt to have done any of the following while under the influence of drugs:
- Driven a vehicle
- Occupied the driver’s seat of a vehicle and attempt to put the vehicle in motion
- Occupied the passenger seat of a car while a learner driver is driving
Penalties Of DUI?
The maximum penalty of DUI (first offence) in NSW is a fine of up to 30 penalty units ($3,300.00) or a term of imprisonment of up to 18 months. If it is a second or subsequent offence, the fine increases to 50 penalty units ($5,500.00) or a term of imprisonment of up to two years.
Can The Police Take My Vehicle after a DUI?
The police have the power to take charge of and remove a vehicle that was used to commit a DUI offence. The offender can then be ordered to pay the associated costs if the Court is satisfied that police had reasonable grounds to take charge of the vehicle
What Is The Difference Between DUI And Drink Driving?
When an individual is charged with a drinking driving offense, such as driving with low-range, mid-range, or high-range blood alcohol content (BAC), there needs to be evidence indicating the person’s BAC. Typically, this evidence is derived from a breath test administered by the police.
In contrast, when facing a charge of DUI (Driving Under the Influence), it is not necessary to provide evidence of the specific BAC level, and exceeding a certain BAC threshold, such as 0.05, is not a prerequisite. The key criteria is establishing that the person was under the influence of a drug or alcohol. This can be evidenced through various means, including the account of police officers who observed the person’s driving, speech, behaviour, gait, smell, and other noticeable features that led them to conclude that the accused person was intoxicated.
What Happens After I Plead Guilty?
If you have been charged with DUI or any other related offence, you should carry out the following to ensure you are prepared:
- Participate in a drink driver education program
- Obtain character references from friends, family or your employer who know you well and are aware of the charges
- Obtain evidence of how a length licence disqualification will cause hardship to you or your family
Why BSM Lawyers ?
It is important that you receive legal advice. Many DUI offences are criminal offences which may result in a criminal record and possibly a gaol sentence. At Brander Smith McKnight, we have assisted many hundreds of clients with these charges. Our traffic offences lawyers will provide you with legal advice to ensure that you achieve the best possible outcome. This may include:
- Preparing you for court
- Obtaining character references
- Obtain evidence of hardship of licence disqualification, such as caring for a sick relative or the need for a licence for employment
- Obtaining medical or psychological reports
- Obtaining references from employers
- Completing traffic offender programs
Brander Smith McKnight criminal lawyers will carefully prepare submissions for sentencing, presenting the best possible legal case to achieve the best outcome. Our lawyers will appear in court for you, advocate strongly for you and handle the entire court process.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.