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Driving Under the Influence

Lenz Legal can provide you with accurate and timely advice to help you when you are charged with driving under the influence of drugs.

It is an offence to drive a motor vehicle with the existence of an illicit drug in your oral fluid, blood or urine or to drive a vehicle while under the influence of any drug. The term driving under the influence (DUI) can refer to both driving under the influence of a drug or of alcohol. Police will charge a driver with driving under the influence of alcohol when they are unable to obtain a reading of a person's Blood Alcohol Concentration (BAC). This may happen when police are unable to test a driver because the driver has arrived home or when a driver is injured.

If police identify a drug in a driver's oral fluid, blood or urine then a court will usually require evidence in the form of a pharmacological report stating that the level of the drug in the driver's system would have affected their ability to drive. This also applies if the drug is not a prohibited drug, as long as the quantity of the lawful prescription drug impaired their ability to drive.

The penalties for driving under the influence of a drug or alcohol range from a fine to imprisonment.

The penalties for driving under the influence of a drug or alcohol:

  • Maximum fine - 1st offence $2,200; subsequent offence $3,300
  • Maximum gaol term - 1st offence - 9 months; subsequent offence - 12 months

Disqualification period:

  • 1st offence - automatic 12 months; minimum - 6 months; maximum - unlimited
  • subsequent offence - automatic 3 years; minimum - 12 months; maximum - unlimited

The penalties for driving under the influence of a drug other than alcohol:

  • Maximum fine - 1st offence $1,100; subsequent offence $2,200
  • Maximum gaol term - not applicable

Disqualification:

  • 1st offence - automatic 6 months; minimum - 3 months; maximum - unlimited
  • subsequent offence - autonatic 12 months; minimum - 6 months; maximum - unlimited

The automatic period applies in the absence of a specific court order.

Most people require a driver licence for their work or daily responsibilities and keeping their licence is their primary concern. A court that is properly advised may exercise its discretion not to record a conviction (section 10 of the Crimes (Sentencing procedure) Act 1999). Not only will that result in the offender not incurring a fine or other penalty, it also means that their driver licence cannot be disqualified.

In certain circumstances the matter should be defended. You may be able to argue that the reason police put forward for charging you eg. that you were slurring your words or you had bloodshot eyes, is insufficient to prove their case beyond a doubt.  You may also present evidence in the form of a pharmacological report that the level of drug in your system did not affect your driving ability

The right legal representation can make a big difference to your legal outcome and your ability to resume normal life. As there are many variables involved in DUI cases these are best discussed with a lawyer for example:

  • Is the evidence presented by police sufficiently strong
  • Pharmacological reports that counter the police findings and show you were not affected in your driving ability.

A court that is properly advised by professional legal counsel may not to record a conviction against you. This means you could advice fines and retain your driver’s licence.

Contact Lenz Legal for expert and personalised advice for your particular DUI situation.