What is drive under the influence of alcohol or another drug?

When police suspect that you are driving under the influence of drugs or alcohol, but may not be able to take a sample of your breath alcohol content, oral fluid, blood or urine, this charge may be laid.

The offence is based on an observation by police or other witnesses who may testify that you were / were not unsteady on your feet, had red eyes, slurred speech or smelt of alcohol.

The alleged impairment does not have to occur to any standard or degree.

Charges typically occur after a person has recovered from an accident, or more than two hours had passed since police have pulled you over.

What happens when or after I am charged with DUI?

  • Police will have issued you with a Court Attendance Notice, requiring you to attend court on the date specified on the notice.
  • Police will have issued you with an immediate driving suspension that remains in place until your matter is finalised by a court.

What are my options?

What are the penalties or outcomes available?

* NB: A conviction for high-range PCA will appear on a criminal and traffic history.

* Statistics obtained from the NSW Judicial Commission

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