Updated 1 Jan 2021
The offence of DUI or Driving Under the Influence of intoxication liquor or a drug is created by section 112(1) of the Road Transport Act 2013 and states as follows:
(1) A person must not, while under the influence of alcohol or any other drug:
(a) drive a vehicle, or
(b) occupy the driving seat of a vehicle and attempt to put the vehicle in motion, or
(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupy the seat in or on a motor vehicle next to a learner driver who is driving the motor vehicle.
It can be seen therefore in respect of a DUI offence involving alcohol, that a person might not be over the prescribed limit of 0.05 and yet driving under the influence of alcohol (DUI). There must be some observed signs by a witness that in their opinion, the person was so affected, that the court can draw the inference that the person was driving under the influence of alcohol (DUI).
Such observations of erratic driving, combined with observations of the person displaying outward signs such as being unsteady on his feet, bloodshot eyes, slurring his words, having trouble putting the key into the ignition etc. all combine to conclude that the person was driving under the influence (DUI).
Note: This offence can be made out by being under the influence of alcohol or a drug.
Penalties
Fine – 30 penalty units (first offence); 50 penalty units (second or subsequent offence).
Gaol – Maximum Penalty 18 months imprisonment (first offence); 2 years imprisonment (second or subsequent offence).
Disqualification – Minimum 12 months and automatic 3 year (first offence); Minimum 2 years and automatic 5 years (second and subsequent offence).
Mandatory Interlock Order for Alcohol related major offence –
An offender who is driving under the influence of alcohol (as opposed to a drug) will have a Mandatory Interlock Order made which will result in the imposition of a minimum disqualification of 6 months and maximum 9 months with an interlock order for 2 years (first offence); minimum 9 months and maximum 12 months with an interlock for 4 years (second or subsequent offence).
Contact Proctor & Associates on 9687 3777 for assistance and we will be glad to assist you.