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What is a Driving Under the Influence (DUI) offence?
Driving under the influence (DUI) occurs when someone operates a motor vehicle while impaired by alcohol or drugs, to the extent that they are unable to maintain proper control of the vehicle. This offence is outlined under section 49(1)(a) of the Road Safety Act 1986 (“RSA”).
Police Interview
If you have been charged, you will be asked to attend a police interview to discuss the allegations. The police will use this interview to gather evidence to support their case. You will be given the chance to seek legal advice before answering any questions. It is essential to take advantage of this opportunity. Having an experienced criminal defence lawyer at your side can help you understand your rights and ensure you follow the best course of action during the interview, improving your chances of a more favourable outcome.
What needs to be established?
To prove a charge of driving under the influence, the prosecution must demonstrate the following:
- You were driving a motor vehicle.
- You were under the influence of alcohol, drugs, or both.
- Your ability to properly control the vehicle was impaired.
Where will my charge be heard?
DUI charges are typically heard in the Magistrates’ Court of Victoria.
Penalties for Driving Under the Influence (DUI)
If convicted of a DUI, penalties vary depending on whether it is your first, second, or subsequent offence:
- First Offence: A fine of up to 25 penalty units and up to 3 months’ imprisonment.
- Second Offence: A fine of up to 120 penalty units and up to 12 months’ imprisonment.
- Third or Subsequent Offence: A fine of up to 180 penalty units and up to 18 months’ imprisonment.
Additionally, under Section 50(1B) of the Road Safety Act, if convicted under Section 49(1)(a), the court must disqualify your driver’s licence or learner’s permit for at least:
- 2 years for a first offence.
- 4 years for any subsequent offence.
It’s important to note that DUI charges often come with additional, lesser offences related to drink driving. By consulting an experienced traffic lawyer, such as MK Law, you may be able to reduce both your time off the road and the severity of your penalty by negotiating a resolution to those lesser charges.
If convicted of driving under the influence of alcohol or drugs, VicRoads may also require you to complete a behavioural change program. Participation in this program is determined by VicRoads and may be a condition of the court’s sentencing.
Questions to Consider
- Should I plead guilty or not guilty?
- What options do I have to minimise my penalty?
- Do I have a defence that could reduce or dismiss the charge?
- Has it been more than 3 hours since I last drove the vehicle?
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What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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What happens next?
If you have been charged with a DUI offence, it’s crucial to seek legal advice. A knowledgeable traffic lawyer from MK Law can guide you through your options, help prepare your defence, and work toward the best possible outcome in your case. Ring 1800 130 120 to receive expert confidential advice and representation.
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