Have you or someone you know been arrested for drinking under the influence of alcohol or drugs? You need to get a DUI attorney right away. DUI lawyers can help you understand your rights and options, and they can represent you in a DUI trial. They can give professional service for minor and more serious offences
Alcohol and drug use is a significant problem in Australia. Every year, thousands of people are injured or killed in alcohol-related accidents. Many individuals also suffer from the long-term effects of alcohol abuse. This includes liver disease, heart disease, and mental health problems.
In Australia, it is illegal to drive under the influence of alcohol or drugs. It is also illegal to drink in public or to be drunk and disorderly. You could face fines, imprisonment, or both if caught drinking under the influence. That’s why it’s important to seek legal advice from a DUI lawyer or criminal defense attorney
What Does DUI Mean?
Driving under the influence (DUI) is a serious offence that can have devastating consequences. In NSW Australia, DUI is a criminal offence that can result in severe penalties, including fines, license suspension, and even imprisonment.
According to a summary report by Transport for NSW, in 2019, 1 in 5 drivers killed in road crashes had a blood alcohol concentration (BAC) of 0.05 g/100 mL or higher. Over the past five years, drink driving has become more common, with 25% of NSW drivers reporting doing so in the previous six months, up from 18% in 2014.
There are two kinds of driving under the influence offences:
1. Drink driving – In NSW, it is a serious offence to drive while your blood alcohol level is over the legal limit. A zero BAC limit applies to all learner licence holders, provisional P1 licence holders, provisional P2 licence holders and interlock licence holders. For drivers not listed elsewhere it is 0.05 BAC. Penalties can either include a fine, imprisonment, or disqualification from driving.
2. Drug driving – NSW prohibits driving while under the influence of any illegal substance. Heavy fines, license suspension, license revocation, and jail are all possible punishments.
If you take a roadside drug test and police find illegal narcotics in your system, they can charge you with a dangerous driving or drug driving offence. They collect saliva to conduct the drug test. The test may take place if law enforcement officers pull you over or during a roadside random drug test.
Effects of Driving Under the Influence
DUI increases the risk of engaging in a road accident. This is because alcohol impairs the ability to drive and negatively impacts driving skills such as reaction time, vision, and coordination.
Moreover, drivers with a blood alcohol concentration (BAC) of 0.05 g/100 mL or higher are considered legally impaired in NSW and are more likely to cause a road accident than drivers who have not consumed alcohol.
In addition, male drivers, particularly those aged 22 to 45, people with drinking problems and prior drinking and driving convictions, and drivers who do not wear safety belts are disproportionately likely to be a part of alcohol-related fatal crashes.
The use of recreational drugs before or while driving is associated with an increased risk of injury occurrence and severity. Drugs can impair the skills needed to drive safely, such as reaction time, decision making, coordination, and perception
Penalties for Driving Under the Influence
Here’s a table of the complete penalties that you may get if you are found to be driving under the influence of drugs and/or alcohol:
| Low range, special or novice drink driving | Mid range drink driving | High range drink driving | ||||
| Penalty | First offence | Second or subsequent offence | First offence | Second or subsequent offence | First offence | Second or subsequent offence |
| Penalty notice fine | $603 | N/A | – | – | – | – |
| Immediate licence suspension | Yes | Yes | Yes | Yes | Yes | Yes |
| Maximum court- imposed fine | $2200 | $3300 | $2200 | $3300 | $3300 | $5500 |
| Maximum prison term | N/A | N/A | 9 months | 12 months | 18 months | 2 years |
| Minimum disqualification | 3 months | 6 months | 6 months | 12 months | 12 months | 2 years |
| Maximum Disqualificaiton | 6 months | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| Automatic Disqualification (when no court order was issued) | 6 months | 12 months | 12 months | 3 years | 3 years | 5 years |
Why Do You Need DUI Lawyers?
If you are facing charges of driving under the influence (DUI), you may be wondering if you need to hire a DUI attorney. Here are some reasons why you may want to consider hiring a DUI attorney:
- Legal expertise: A DUI attorney has specialised knowledge and experience in criminal law and DUI laws. They can provide you with legal advice and guidance about DUI cases and traffic offences.
- Defence strategy: A DUI lawyer can develop a defence strategy tailored to specific cases of DUI clients. They can review the evidence against clients and identify any weaknesses in the prosecution’s case.
- Negotiation: Another specialisation of drink driving lawyers is to negotiate with the prosecutor to try to reduce or dismiss DUI arrest charges. They can also negotiate a plea bargain that may result in a lesser sentence.
- Court representation: Representation in court and defence against the charges are two of the most important roles of lawyers in your DUI case. They can argue on your behalf and present evidence to support your case.
- Reduced penalties: A drink driving lawyer can reduce the penalties associated with a DUI conviction, such as fines, license suspension, and jail time.
- Save money: While hiring a DUI attorney may seem expensive, it can actually save you money and other legal fees in the long run.
However, the services provided by a lawyer may vary depending on the lawyer and the specific circumstances of your case. If you are facing DUI charges, it is recommended that you consult with a DUI attorney to discuss your options.
You may contact JB Solicitors’ DUI attorneys and traffic lawyer. You can clarify matters and raise concerns about your DUI charge.
Submit an enquiry today through this link.
