- Drink and Drug Driving Offences
- Licence Appeal – Remove Disqualification
- Camera Detected Offences
- Police Pursuits
- Driver Licence Offences
- Licence Appeal – Suspension
- Other Infringement Notices/Fines
- Traffic Law
- Drink Driving / PCA
- Drive Recklessly, Furiously or in Manner Dangerous
- Driving Under the Influence
- Driving with Illicit Substance
- Heavy Vehicle Offences
- Negligent Driving
- Speeding & Light Camera Offences
Driving Under the Influence
Driving under the Influence
Driving under the influence is when the driver of motor vehicle is under the influence of alcohol and/or drugs.
What is the penalty for Driving under the influence (DUI)?
If convicted of this offence and it is your first major or Driving under the influence offence in a five year period, the maximum penalty for this offence is a fine of $3,300 and/or imprisonment of 18 months. The automatic disqualification period is three years, with a Minimum of 12 months. The court may choose to make an interlock order which reduces the amount of disqualification period.
If convicted of this offence and it is your second major or driving under the influence offence in a five year period, the maximum penalty is a fine of $5,500 and/or imprisonment of two years. The automatic disqualification period is five years, with a Minimum of two years. The court may choose to make an interlock order which reduces the amount of disqualification period
At Catron Simmons Lawyers, we can offer you qualified advice best suited for your situation to ensure the best outcome for your matter.
| Driving under the Influence (DUI) | |
| First Major offence within 5 year Period | |
| Maximum Fine | $3,300 |
| Maximum Imprisonment | 18 Months |
| Automatic Disqualification Period | 3 Years |
| Minimum Disqualification Period | 18 Months |
| Second Major offence within 5 year Period | |
| Maximum Fine | $5,500 |
| Maximum Imprisonment | 24 Months |
| Automatic Disqualification Period | 5 Years |
| Minimum Disqualification Period | 2 Years |
Possible Defences
There are a number of possile defences to DUI, it is important to remember to obtain competent legal advice early in your mater. Catron Simmons lawyers, will be able to assist you in determining whether there are any viable defences and what is best for your individual situation.
Some defences to DUI are:
– the test was conducted unlawfully
– that you were not the driver
– not under the influence of any drug and/or alcohol at the time of driving.
Police have suspended my Licence, but I need my Licence,
You need to lodge an application to the Local Court, this application must be within 28 days so it is important to get legal advice early.
The test for this appeal is quite high. The applicant must show that there are “exceptional circumstances” as to why you need a licence. Therefore, reasoning such as transport to/from work, school and/or even having your licence as part of your job are not considered exceptional or extraordinary.
Catron Simmons Lawyers, can assist you in preparing, the application to give you the best chance of returning to driving as soon as possible.
Interlock Program
The interlock program has been in place since early 2015. An interlock is an electronic device or breath testing machine the is linked to the ignition of the vehicle. When attempting to put the vehicle into motion the machine will require a breath sample testing for the presence of alcohol. The vehicle will also require random breath tests whilst driving as well.
If the interlock machine detects ay alcohol the car will shutdown and prevent the person from driving.
The advantage of the interlock program is that it gets you on the road quicker than your disqualification period would otherwise be.
The disadvantage of the interlock program is that you are not permitted to drive a vehicle that doesn’t have the interlock machine fitted to it. This causes problems in cases of employment or where you may operate one or more vehicles.
The cost of the interlock device and maintenance is about $2,000 to install and a further $2,000 to maintain over the course of a year.
Financial assistance in cases of severe financial hardship or concessions may be available from the Roads and Traffic Authority and our specialist in traffic offences at Catron Simmons Lawyers can give you more information.
Although a mandatory program, in certain circumstances such as not having access to a vehicle or a medical condition you can apply to be exempt from the interlock program.
Helpful Information
What are the alternatives to imprisonment?
You should obtain legal advice before going to court and pleading guilty to any offence. A well-presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially, as soon as you leave the court, the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence, but there is no further penalty, and the matter is completely finalised once you leave the courtroom.
Community Release Order (CRO)
A CRO is the less serious of the bonds; there are two forms: conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not; it is a matter for the court. That said, the court can order supervision, and Community Corrections can discontinue it if it deems it appropriate. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. Additional conditions can also be imposed, as with any other bond, including, but not limited to, alcohol/drug restrictions and/or rehabilitation, curfews, community service orders, and non-association and/or place-restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually expressed in penalty units. Generally speaking, after the court has sentenced you and imposed a fine, you have 28 days to pay; however, the court registry may extend this period and arrange a payment plan. Failure to pay the fine will result in an enforcement order, which may lead to suspension of your driver’s licence and/or registration. Following this, further orders, such as a civil enforcement order, community service, and/or goal, may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and is used when the offence is too serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. The court can add additional orders, including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence that can be served in the community under strict conditions and supervision. The ICO is the most serious court order that can be served on an offender in the community and is not available for a number of offences involving Violence, breaches of public safety, and child-related matters. The court can impose conditions on an ICO, such as home detention, electronic monitoring, curfews, community service, alcohol/drug restrictions, place restrictions, association orders, and/or whatever the court deems appropriate. An ICO is monitored and supervised by Probation and Parole NSW, and any breaches of the order are referred to the NSW State Parole Authority (SPA) and not the courts. Often, the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
What are my options? What is a conviction?
A conviction means that the court has found you guilty and has decided to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. The existence of a criminal record may affect future employment and travel, especially to countries like the United States.
If you believe you are not guilty of an offence, it is important to get legal advice early, as the court offers discounts for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a document that is given to you by the police when charged, or a letter or document sent to the court outlining your wish to plead guilty to the charges enforced by the court.
Although this can be an attractive option, the forms are straightforward, and you wouldn’t need to attend court, this is actually a bad idea. A written notice prevents the court from understanding more about you as a person, your income, responsibilities, and factors that could mitigate the punishment or sentence.
On a written plea of guilty, the magistrate has only the Police Fact Sheet and Criminal Record for information, and the penalty imposed is often greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before it is tendered, as the court will base all its decisions on it.
At Catron Simmons Lawyers, we can put forward the best case in your defence, often leading to a fairer and more just outcome.