What does it mean to drive under the influence?

Driving under the Influence is a crime if you operate a motor vehicle, or supervise a learner driver while under the influence of drugs or alcohol.

The way evidence is obtained is what is most distinguishing between DUI and PCA offences. PCA offences rely on the result of a breath analyzer. DUI offences are often the result of direct observation by police officers and/or blood or urine samples.

Driving under the influence of alcohol is a serious offence. Our lawyers have been able to defeat these charges and avoid convictions.

Driving under the influence (DUI)

Many DUI cases arise from circumstances in which a breath test cannot be legally administered by police. This could be if you have not driven for more than two hours if you are at home or have been admitted into a hospital. If you fail a breath test but police suspect that you are under the influence of drugs, DUI may also occur.

Police are required to conduct sobriety assessments if this happens. If you fail to pass this assessment, police will take you to the hospital to get blood and/or urine samples. Drivers who have been involved in an accident, drivers involved with fatal collisions and drivers who were brought in after failing a sobriety test are routinely allowed to give blood and urine samples. These samples may be used to support a DUI charge.

Driving under the influence (DUI), immediate suspension of your licence

A notice of immediate suspension may be served if you receive a summons for DUI court attendance. This must be served within 48 hours of the filing of the DUI charge.

A licence means that you can’t drive if your license is suspended immediately. The suspension of your authority to drive in all Australian states and territories applies to international or interstate licenses. The suspension will remain in effect until the matter is resolved by a court.

You will need to file an appeal against immediate police suspension if you want to appeal. Appeal against police suspensions immediately is less likely than other types. Because the legal test is more rigorous, this is why appeals against immediate police suspensions are less likely to succeed. The court must be able to show that you have exceptional circumstances justification for requesting your license back.

A successful appeal won’t allow you to drive until your case is decided in court. After a successful appeal, a court could still convict and sentence you to a disqualification period. If you don’t appeal, the court may take into consideration the suspension period when determining the disqualification period.

Procedure in court for driving under the influence

Unless you have a lawyer appearing for you, you must appear in court on the day listed on your court attendance notice. A mention date is the first appearance in court to face a DUI charge. It is likely to be on a busy schedule with many others. Every court attendance notice states that you will be present at 9.30 am.

You can inform the court at the mention date whether you want to plead guilty, not guilt or request an adjournment. You may be sentenced the same day if you plead guilty. If you’re not prepared, this is often not an option. A hearing date will be set for you if you plead guilty. This can take several weeks.

The court can also request that your case be adjourned for a brief time (usually between two and four weeks), so you can speak to a lawyer and obtain references.

Driving under the influence is a crime?

DUI is a crime and you are likely to be convicted. Criminal convictions for DUI will be recorded on your criminal record as well as in criminal background checks.

You have two options to avoid a DUI conviction. If you win, you can plead not guilty to the case and get it dismissed. Or you can convince the court to resolve the matter by finding that you are guilty but not recording any conviction.

Interlock orders to drive under the influence

You will be disqualified for the first time if you are convicted of DUI. Then you will be subject to an interlock or suspension. You can’t drive a vehicle equipped with an interlock device. However, you can request an exemption order. If granted, however, you could be disqualified for a longer time.

What are the penalties for driving under the influence?

The New South Wales Judicial Commission has released statistics on DUI that show that more than 90% of those charged with this offence were convicted in the last four years. A conviction was not recorded for less than 10%. DUI is considered a serious offence and it is difficult to avoid a conviction. These statistics can be applied to most other states and territories in Australia.

Do I have to go to jail if I drive under the influence?

Only 8% of drivers who were charged with driving under the influence received sentences of imprisonment in the last four years. Nearly 30% of drivers who were charged with driving under the influence in a second offence within a five-year period were sentenced to some type of imprisonment.

Preparing to go to court

The Magistrate will review your court attendance notice, police fact sheet, and other material that you have brought to court when deciding your case. They will also listen for anything you or your lawyer have to say to the court. These are called submissions.

It is crucial to prepare your matter well in advance. Each matter is limited in time in a busy court. It is important to quickly draw the court’s attention to the pertinent points. Referenda must be properly formatted, addressed, and drafted. You should also complete a Traffic Offenders Program.

Why choose us as your traffic lawyers for DUI offences in QLD, NSW, VIC, ACT, TAS, SA, WA and NT?

Highway Advocates PTY LTD is an experienced law firm and specialists in traffic law. All our lawyers have extensive experience in drunk driving cases and DUI (Driving Under The Influence). Do not sign any paperwork or go to court if you are facing DUI charges. We can assist you in court to defend you and reduce your penalty as well as your disqualification.

Our attorneys are the best Traffic Law solicitors, which places us among the top 6% of Australian lawyers. Our lawyers will assist you in preparing your case and representing you in court.

Get a free case evaluation to find out the best way for you to get the best result.