DUI Offences

‍Driving Under the Influence (DUI) is a serious criminal offence in New South Wales, targeting drivers who operate a motor vehicle while affected by alcohol, illegal drugs, or prescription medication. Unlike offences based on a specific blood alcohol concentration (BAC), DUI is based on observable impairment, such as erratic driving, slurred speech, or poor coordination.

In NSW, DUI is an offence under the Road Transport Act 2013 (NSW). Police may charge a person with DUI even if no BAC reading or drug test is taken, or if the person refuses to provide a sample.

Drugged driving

Drugged driving is a specific type of offence under Section 111 of the Road Transport Act 2013 (NSW). It occurs when a motor vehicle is driven while a prescribed illicit drug is present in your oral fluid, blood or urine. Commonly tested substances include

• THC (cannabis)
• MDMA (ecstasy)
• Methamphetamines (ice)
• Cocaine

Unlike DUI charges, there is no need to prove the driver was affected or impaired as only the presence of the drug is sufficient for a charge.

How is DUI Different From PCA?

Many people confuse DUI with PCA (Prescribed Concentration of Alcohol) offences. The key difference is:

• PCA charges are based on measurable blood alcohol levels from breath, blood, or saliva tests
• DUI charges rely on observable signs that a person is under the influence of a substance, regardless of test results

A person can be charged with DUI for being under the influence of:

• Alcohol
• Illicit drugs (e.g., cannabis, cocaine, MDMA)
• Prescription medication (e.g., sleeping tablets, opioids)
• Over-the-counter drugs causing drowsiness or affecting coordination

When Can Police Charge You With DUI?

Police may lay DUI charges if they believe, based on their observations, that a driver is affected by drugs or alcohol to such an extent that they are incapable of proper control of a vehicle.

Common indicators include:

• Smell of alcohol
• Slurred speech
• Bloodshot or glazed eyes
• Poor balance or unsteady walking
• Confused or aggressive behaviour
• Dangerous or erratic driving

Police may also request a sobriety assessment, drug wipe test, or blood/urine sample. Refusing to comply can result in additional charges.

To secure a conviction, the prosecution must prove:

• You drove (or attempted to drive) a motor vehicle
• A prescribed illicit drug was present in your system at the time
• The presence was confirmed through laboratory analysis following a roadside test

While DUI is a serious charge, legal defence may be available depending on the circumstances:

• Insufficient evidence: The prosecution must prove beyond reasonable doubt that the driver was intoxicated and unable to control the vehicle properly
• Unlawful police conduct: If police acted unlawfully in stopping or detaining the driver, evidence may be excluded
• Involuntary intoxication: In rare cases, if the driver unknowingly consumed a drug or substance, a defence may apply
• Medical condition: Symptoms mimicking intoxication may stem from health issues (e.g., neurological conditions, diabetes)

An experienced traffic or criminal lawyer can review the case and advise whether it is better to defend the charge or plead guilty.

Penalties for DUI offences depend on the driver's criminal history and whether it is a first or repeat offence. DUI is treated seriously due to the heightened risk it poses to public safety.

For a first offence:

• Up to 18 months imprisonment
• Fine of up to $3,300
• Minimum disqualification of 6 months (longer for serious cases)
• Potential for Alcohol Interlock Program

For a second or subsequent offence:

• Up to 2 years imprisonment
• Fines up to $5,500
• Licence disqualification of at least 9 months
• Mandatory interlock device installation

The court may also record a criminal conviction, which can impact future employment, insurance, and overseas travel.