Driving under the influence of drugs or alcohol is a serious offence in New South Wales (NSW), and can have severe legal consequences. In this article, we will provide an overview of DUI in NSW, including the relevant legislation and the potential penalties for offenders.
DUI in NSW: The Law
In NSW, it is illegal to drive under the influence of drugs or alcohol. The offence of DUI is defined under Section 112 of the Road Transport Act 2013 (NSW). According to this section, it is an offence for a person to:
Drive a motor vehicle or attempt to put a motor vehicle in motion, and
At the time of driving or attempting to put the motor vehicle in motion, have a prescribed concentration of alcohol in their blood or breath, or be under the influence of a drug.
The prescribed concentration of alcohol for most drivers in NSW is 0.05%. However, for certain drivers, such as learners, probationary drivers, and professional drivers, the prescribed concentration of alcohol is 0.00%.
Penalties for DUI in NSW
The penalties for a DUI offence in NSW can be severe, and can include:
A fine of up to $3,300 for a first offence, and up to $5,500 for a second or subsequent offence.
Disqualification from driving for a period of time, ranging from six months to several years, depending on the severity of the offence and the offender’s prior record.
Imprisonment for up to two years for a first offence, and up to five years for a second or subsequent offence.
A criminal record, which can impact an offender’s employment, travel, and other aspects of their life.
Defences for DUI in NSW
If you have been charged with a DUI offence in NSW, there may be defences available to you. Some possible defences include:
- Challenging the accuracy of the breathalyser or blood test results.
- Arguing that the police did not have a valid reason to stop or arrest you.
- Arguing that you consumed alcohol or drugs after you stopped driving.
- Arguing that you had a reasonable excuse for driving while under the influence, such as a medical emergency.
Seeking Legal Advice
If you have been charged with a DUI offence in NSW, it is important to seek legal advice from a qualified criminal lawyer. Blackstone Law lawyers can help you understand the charges against you, advise you on possible defences, and represent you in court. With our right legal advice and representation, you may be able to reduce the severity of the penalties or have the charges against you dismissed.
Conclusion
DUI is a serious offence in NSW, and can have severe legal consequences. By understanding the law, the potential penalties for offenders, and the possible defences available, you can protect your rights and interests if you are charged with a DUI offence. If you have been charged with a DUI offence in NSW, contact us at legal@blackstonelaw.com.au or call us at 1300 070 770 to seek legal advice from a qualified criminal lawyer.
