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Driving under the influence of intoxicating liquor or of any dru...
Driving under the influence of intoxicating liquor or of any drug (DUI)
Written by
Kristina Kothrakis
Criminal Defence Lawyer
What the Law states - Driving under the influence of intoxicating liquor or of any drug
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle.
Maximum Penalty in Victoria
First offence: 3 months / 25 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units
Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.
What the Prosecution must prove - Driving under the influence of intoxicating liquor or of any drug - Vic
(a) The accused was driving or was in charge of the motor vehicle.
(b) The accused was under the influence of intoxicating liquor or any drug, and, as a result was incapable of having proper control of the motor vehicle.
Street names Driving under the influence of intoxicating liquor or of any drug
Driving under influence, driving impaired
Possible Defences - Driving under the influence of intoxicating liquor or of any drug
(a) Factual dispute.
(b) The breath analysing instrument used was not in proper working order or properly operated (s49(4)).
(c) The drug analysing instrument used was not in proper working order or not properly operated.
Which court will hear the charge of Driving under the influence of intoxicating liquor or of any drug
Magistrates' Court.
