Our expert criminal lawyers for a driving under the influence offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Driving under the influence
We are expert traffic lawyers who assist clients charged with driving under the influence to avoid criminal records and help them keep their driver’s license.
Evidence of an accused person’s appearance is typically along the lines of “the accused was unsteady on his feet, eyes bloodshot or bleary, speech slurred and had breath smelling strongly of intoxicating liquor.” Such evidence is often fallible, uninformed and untrue, and can be inherently bias and partisan.
How do I beat a charge of driving under the influence?
You will be found not guilty of the offence of Driving under the influence if the police cannot prove beyond reasonable doubt that you, under the influence of alcohol or any other drug:
- drove a vehicle; or
- occupied the driving seat of a vehicle and attempted to put the vehicle in motion; or
- occupied the seat in or on a motor vehicle next to a learner driver who was driving the vehicle (if the person is the holder of an applicable driver licence, other than an applicable provisional licence or applicable learner licence)
Under the influence includes being affected to a slight, moderate, or substantial degree.
Where a blood test has been taken, a person cannot be charged with driving under the influence.
Penalty for a first offence within 5 years
If you are convicted of a first offence of driving under the influence, the maximum fine that a court can impose is $3,300.00. The maximum term of imprisonment is 18 months.
If the court convicts you, the mandatory interlock program applies to a first offence of driving under the influence. In order to drive, you will be required to install an interlock device on your car following the expiration of the disqualification.
If an interlock order is made you will be disqualified for 6-9 months, then placed on the interlock program for a further two years.
Participants in the interlock program are required to have devices that connect to a vehicle’s ignition and prevent it from starting if the driver fails an alcohol breath test. The cost of installing the device and the annual licensing fee is paid by the person subject to the interlock order.
Interlock licence holders are required to have a zero-blood alcohol concentration (BAC) when driving.
Penalty for a second offence within 5 years
If you are convicted of a second offence of driving under the influence, the maximum fine that a court can impose is $5,500.00. The maximum term of imprisonment is two years.
If the court convicts you, the mandatory interlock program applies to a second offence of driving under the influence. This means that to drive, you will be required to install an interlock device on your car following the disqualification period.
If an interlock order is made, you will be disqualified for 9-12 months, then placed on the interlock program for a further four years.
What will my traffic lawyer do to prepare my case?
To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors is usually supplied to your traffic lawyer and then tendered to the court. Examples of evidence that may assist in an appeal include:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you have a need for a driver’s licence, e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a drug driving charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Study
Our lawyer represented a man charged with driving under the influence at Downing Centre Local Court. Expert evidence was called in favour of the Defendant that provided the opinion that the amount of THC in the blood was not enough to affect driving. The police called an expert to similarly claim that the THC would have affected the driver. Our lawyer argued that if the Magistrate could not reject the evidence of the expert called by the defence, then there had to be doubt. The Magistrate stated she could not separate the two opinions on the material before the court and dismissed the charge.
Case Study
Our lawyer represented a man charged with Driving under the influence, assaulting police and resisting arrest. The police relied on evidence from a roadside breath test that showed he had a blood alcohol concentration of more than 0.450. When our client was told of the reading, he protested his innocence and refused to attend the police station. In the process, he assaulted and resisted police. Our solicitor argued at a defended hearing that the reading was preposterously high, and our client would not have been able to communicate or interact with the police with such a high reading. Medical evidence was put forward that a reading so high would require hospitalisation for alcohol poisoning and could have resulted in death. The Magistrate accepted that our client’s conduct during the breath test meant the machine was undoubtedly broken. The magistrate dismissed the driving under the influence charge and held the arrest to be illegal, and dismissed the assault, police, and resist arrest charges as well. Our client is now suing the police for unlawful imprisonment and malicious prosecution.
Case Study
Our lawyer represented a driver charged with High Range PCA. The driver was breath tested by police in his driveway. Our lawyer argued the ‘Home Safe’ defence and the magistrate dismissed the charge with a finding of not guilty.
Case Study
Our lawyer represented a driver charged with High Range PCA. There had been a minor accident that delayed the breath testing because the police were not immediately called. The police alleged that the breath test was done about 1 hour and 45 minutes after the driving/accident. Our lawyer argued that there was room for error in the estimate of time between the driving/accident in the breath test. He argued that the court could not find beyond reasonable doubt that the breath test was done within two hours of the driving. The magistrate dismissed the charge with a finding of not guilty.
Case Study
Our lawyer represented a woman charged with High Range PCA. She was stopped speeding in a street. Our lawyer put forward to the Magistrate that she only drove the car to escape a threat of domestic violence She was stopped less than 100 metres from where her partner had attempted to assault her. The Magistrate accepted the reason for her driving and dismissed the charge under section 10 and did not record a conviction.
Case Study
Our lawyer appeared for a man who was charged with High Range PCA and had five drink driving offences on his record, including two High Range PCA offences. Our lawyer took the matter to the District Court and ran a section 32 application on the basis that his client was self-medicating to address his Post Traumatic Stress Disorder. The judge found the circumstances exceptional and dismissed the charge under s 32 without recording a conviction.
Case Study
Our lawyer acted for three drink-driving cases in one day. Two for Mid-Range PCA and one for Low Lange PCA. The court dealt with each of the matters under section 10 and did not record a conviction, meaning his three clients did not lose their licences.
Case Study
Our lawyer appeared for a client charged with Mid-Range PCA. He had been stopped driving the morning after going out drinking with his family. The Magistrate accepted that our lawyer’s client was unaware he was over the limit when he drove the car, and did not record a conviction, meaning his client did not lose their licence.