Driving Under the Influence | DUI Offences

Driving under the influence (or 'DUI') means that a person was actually affected by drugs or alcohol when driving.

It is different to a 'Prescribed Concentration of Alcohol' offence (or a 'PCA') where police only have to prove that a person's blood olcohol concentration was at a certain level eg low range, mid range or high range.

To prove the charge, police will normally allege that the person's manner of driving and/or actions and demeanour suggest that he or she was actually affected by drugs or alcohol.

The concentration of drug/s or alcohol is also highly relevant.

When will a DUI charge be brought?

Police will often charge a driver with 'driving under the influence' if they have failed to comply with with the rules required for a PCA offence.

So, for example, a DUI charge might be brought if breath analysis (ie breath test at police station) did not occur within 2 hours of driving.

It can also be brought when police believe that the driver was affected by a drug other than alcohol or illegal drug.

So, for example, a person might be charged if police believe he or she was affected by a legally prescribed drug such as valium.

Why Our Traffic Lawyers?

Sydney Criminal Lawyers frequently fight DUI charges by obtaining pharamacological reports showing that the concentration of drugs or alcohol would not have affected our client's driving ability.

If the report is favourable, we will formally request that police withdraw the charge.

If police refuse, we can defend the matter at a hearing. We have an outstanding track record in defending DUI cases.

In fact, we have on many occasions had legal costs awarded in favour of our clients on the basis that police refused to withdraw the charge even after being served with our pharmacological report.

If you wish to plead guilty, Sydney Criminal Lawyers will work hard to ensure that you are in the best possible position at your sentencing.

We can advise you about the benefits of the Traffic Offender Program, Alcohol Interlock Program and Sober Driving Program, and frequently obtain Section 10s (no conviction, no licence disqualification and no fine) where other lawyers are simply unable to do so.