Driving Under the Influence (“DUI”) of alcohol or another drug

There must be exceptional circumstances why the court will grant your appeal:

• Exceptional circumstances are more than just needing your car for work or family reasons. It may be one significant factor or an accumulation of factors. (EG. A good driving history, your manner of driving at the time, whether passengers were present etc.)
• NB: A successful appeal permits driving up until the matter is finalised at court.
  • HOWEVER, a conviction will result in a disqualification period following a successful appeal. If you have served a period of suspension, the court can consider that when setting a disqualification period, if convicted.
• An appeal must be lodged within 28 days of receiving the notice of suspension.

The following defences may apply:

• Honest and Reasonable Mistake of Fact
  • Eg. The morning after offence.
• Breach of procedural Fairness based on:
  • The 2-hour rule
    • Very useful if you are apprehended as the result of a collision.
  • The home safe rule.
  • The roadside first rule.
  • The paperwork rule.
• Factors affecting an accurate reading of blood alcohol concentration.
• The Jimenez defence.
• Accident or reasonable effort (for offences against the Road Rules 2014 only)
• For fail to submit to a road-side analysis, medical grounds may suffice.

Proceed to sentence with the assistance of an experienced lawyer who will prepare the best case possible to mitigate a very serious offence.

• No fine is incurred.
• No loss of points.
• No disqualification period / suspension is lifted.
• No conviction.
  • Less than 10% of offenders receive this outcome because it is considered to be a very serious offence.

• An automatic disqualification of 3 years.
• Minimum disqualification of 12 months.
  • A Magistrate holds a discretion to reduce the disqualification to the minimum period.
• Maximum disqualification – unlimited.
• A maximum fine of $3,300.
• 12 months (or more) participation in the interlock program (alcohol offences only) https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/interlock-program.html
• A maximum gaol term of 18 months.
  • Approximately 8% of first-time offenders receive a term of imprisonment.

• An automatic disqualification of 5 years.
• Minimum disqualification of 2 years.
  • A Magistrate holds a discretion to reduce the disqualification to the minimum period.
• Maximum disqualification – unlimited.
• A maximum fine of $5,500.
• 24 months (or more) participation in the interlock program (alcohol offences only) https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/interlock-program.html
• A maximum gaol term of 2 years.
  • Approximately 30% of repeat offenders receive a term of imprisonment.
  • Sound legal representation can mean the difference between full time custody in gaol or custody served within the community (ie. at home) OR a non-custodial penalty.

• Charges are dismissed.