Driving Under the Influence (DUI) is an offence under Section 112 of the Road Transport Act 2013 (NSW).
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘drug’ is defined as:
The offence is charged as an alternative to driving with a low, mid or high range p.c.a. The offence is normally charged where police are not able or allowed to breath test you such as where they arrive more than 2 hours after you drove or where you are at your own premises.
A person cannot be charged with both driving with a p.c.a. and d.u.i. if it is your first major traffic offence in the past 5 years.
The maximum penalty for driving under the influence of alcohol is:
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose up to:
The maximum penalty for driving under the influence of a drug (first offence) is:
If it is your second or more major traffic offence in the past 5 years the maximum penalty for driving under the influence of alcohol is:
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose up to:
The maximum penalty for driving under the influence of drugs (second or more offence) is:
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
Defences to the charge include:
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