What's happening?
The term DUI, or driving under the influence, is often used informally to describe any drink driving charge, but in NSW it is technically a separate and more serious offence that can apply where a driver is affected by alcohol or another drug to the extent that they are incapable of having proper control of the vehicle, rather than simply having a reading above a set limit.
Because a DUI charge can rely on police observations of impairment, such as driving behaviour, coordination and speech, alongside or instead of a specific reading, these matters can raise different evidentiary issues to a standard PCA charge and are generally treated seriously.
What could it mean for me?
- A DUI charge is treated as a more serious offence category than standard low, mid or high-range PCA offences.
- These matters can carry the possibility of imprisonment in serious cases, particularly with aggravating factors.
- Licence disqualification is a common outcome in addition to any other penalty.
- A DUI charge may be laid where drugs, alcohol, or a combination of both are alleged to have affected the driver.
- The evidence relied on can include police observations as well as any available testing results.
What are my options?
- Contesting the charge where there is a genuine dispute about the police observations or evidence of impairment.
- Pleading guilty and preparing detailed mitigation material given the seriousness of the charge.
- Seeking advice on whether the evidence supports a DUI charge or a lesser alternative.
- Addressing any underlying substance use issues through relevant support programs.
- Negotiating with the prosecution where appropriate to the evidence available.
What happens next?
- Get advice promptly given the seriousness with which DUI charges are treated.
- Avoid discussing the circumstances of the incident with police without legal advice.
- Gather any evidence relevant to your condition at the time, such as witness accounts.
- Consider engaging with relevant support programs where appropriate to your circumstances.
- Attend court as required and work with your lawyer on plea and evidence strategy.
How can MGE Lawyers help?
We help clients understand the important distinction between a DUI charge and a standard PCA offence, and what that distinction means for the evidence involved and the potential outcome. We review police observations and any available testing evidence carefully.
Where appropriate, we work with clients on genuine steps towards addressing any underlying issues, and we prepare clear, thorough submissions for court, whether the matter proceeds by way of plea or contested hearing.