Drink Drive Lawyers and Driving Under the Influence DUI Lawyers
Drink driving matters are serious offences that can result prison sentences. The Criminal Law Centre's DUI Lawyers are experts in drink driving cases and are equipped to provide you with the best legal advice in all motor traffic offences.
As your criminal lawyers, we examine the factors of your individual case including the accuracy of your blood alcohol reading, whether correct time frames were observed, the seriousness of your charge and the possibility of its reduction and the consequences of the court's ruling, including losing your driver's licence.
We also advise on sentencing options (including "Section 10" i.e. where the court finds the offence proved but no conviction is recorded which permits an offender to continue driving), fines, habitual offender declarations, interlock device orders (being the installation of a breathalyser unit in an offenders nominated vehicle) other driving penalties (including the ramifications of the New South Wales Court of Criminal Appeal's Guideline Judgment in relation to "High Range" matters) and much more.
Our DUI Lawyers travel to all courts and also handle appeals from the Local Court to the District Court if you are unhappy with your Local Court result.
Issues
that may affect your case
Issues with this type of offence include establishing the definition of "driver". There have been cases where we have argued that the person charged with DUI was not the driver of the car. Other issues that need to be looked at is whether the offence was committed on a "road related area". It is an offence to attempt to drink and drive under certain circumstances
"Driver" is, generally the person driving a motor vehicle. The definition of "Drive" includes being in control of the car.
What is the difference between drink driving and "DUI"?
Drink driving and driving under the influence DUI are two separate charges.
First, the Prescribed Concentration of Alcohol offences (or "PCA matters") are related to drink drive matters. Driving under the influence DUI matters relate to when you have taken some drug and are driving, or when you are so intoxicated by alcohol that the police cannot obtain a reading of alcohol from you.
What do the police need to prove?
A PCA offence is committed when a person drives or occupies the driving seat of a motor vehicle and attempts to put it in motion, and has in his or her blood a Prescribed Concentration of Alcohol.
The court can, on the prosecution of a PCA offence, find a person guilty of a lesser offence (e.g. the offence of Mid Range PCA may be proved if one is initially charged with High range PCA and it cannot be proved). Each case depends on its own unique facts. Legal Advice from our DUI Lawyers should always be obtained before pleading guilty to these matters.
Driving under the influence (DUI) of alcohol or any other drug is also an offence
It is open to the court to find you guilty of driving under the influence of alcohol. This is done by looking at the defendant, from witnesses generally and often Police Officers in particular. Your tolerance to alcohol is often raised in defending a charge of Driving under the Influence of Alcohol. Expert advice from a Pharmacologist should always be considered for DUI cases.
The Procedures
The law of NSW permits the police to conduct random breath testing. It is an offence to fail to undergo a breath test under the directions of the officer making the request.
Generally a breath test is conducted. When a person fails a breath test, the person is arrested and a breath analysis is then conducted. It is a more accurate test. It can be conducted at a police station "or such other place as the [police] officer considers desirable."
Under certain circumstances, a blood sample can be taken.
It is an offence to refuse to submit to a breath test or a breath analysis.
It is also an offence to wilfully alter a blood concentration after a request is made for a breath test or a breath analysis.
A breath test or breath analysis is not permitted if:
- A person has been admitted to hospital for medical treatment and the carrying out of the breath test or breath analysis would be prejudicial to the proper care or treatment of the person admitted to hospital, OR,
- If it appears to the police by virtue of the reason of injuries sustained it would be dangerous to the person's medical condition, OR,
- At any time after the expiration of 2 hours from the occurrence of the driving subject to the power of the police to conduct random breath testing,
- It is conducted at a person's home.
At times, the Police can conduct a "Sobriety Assessment". It is an offence to refuse to submit to an assessment. If a refusal occurs, the Police can request a blood and urine sample be supplied.
Under very limited circumstances e.g. after 4 hours after an original (and negative result) breath test occurred the Police are not permitted to conduct a sobriety assessment or take blood and urine samples.
It is also an offence to hinder or obstruct a medical practitioner or nurse in attempting to take a sample of blood.
At the Criminal Law Centre, our DUI Lawyers deal with traffic offence charges every day and know exactly what you are going though. Let us defend your rights and help you get through this. Contact our DUI Lawyers for the very best advice 24 hours a day on (02) 9891 4200. We are on your side.
