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Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)

A DUI is when you drive and have drugs or alcohol in your system. You can still have drugs or alcohol in your system if you drank alcohol or took drugs the day before you were tested.

  • A man was at a festival and took drugs for three days. On the last day he did not take any drugs and drove home. He was stopped by the Police and still had drugs in his system
  • A woman met her friend for drinks and they shared one bottle of wine, she did not have much to eat. When she was pulled over she was above the limit.

  • You did not have any alcohol or drugs in your system and there must have been a mistake in the sample.
  • You were on medication that has been picked up by the test.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:
  • Did you take drugs in the days before the test?
  • Are you on any medication?
  • How much did you have to drink?

Maximum penalty and Court that deals with this charge

There is a maximum penalty of 6 months imprisonment and/or a fine of 25 penalty units for anyone found guilty of driving under the influence of intoxicating liquor or of any drug (s49(1)(A) of the Road Safety Act 1986) as a first offence.

If you are caught testing positive to traces of illegal drugs then your licence will be disqualified for 6 months and you must attend a drug driver behaviour change program.

The maximum penalty for a second time offence is 12 months imprisonment and/or a fine of 120 penalty unit.

For subsequent offences, the maximum penalty is 18 months imprisonment and/or a fine of 180 penalty units.

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

The offence of driving under the influence (DUI) is the sort of charge regularly heard in the Magistrates’ Court.

What is the legal definition of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)?
Driving while under the influence of intoxicating liquor or any drug.

“Were you drink or drug driving?”

The Law
The section that covers this offence is section 49(1)(A) of the Road Safety Act 1986.
 
What can you be sentenced to for this charge?
You are likely to get a fine or a Community Corrections Order for a first time offence. If you have been found guilty of this offence before and you have other charges, then you may receive a prison sentence.