Driving Under the Influence

The charge driving under the influence of intoxicating liquor or of any drug, often referred to as a DUI charge, is an offence frequently heard in the Magistrates Court.

The circumstances of a DUI are, typically, a person drives, or is in control of, a motor vehicle whilst under the influence of an intoxicating liquor or any drug, resulting in the person being considered incapable of having proper control of the motor vehicle.

To prove the charge of a DUI, the Police or Prosecution need to demonstrate that the accused was in charge of a vehicle or driving a motor vehicle and was at that time under the influence of a drug or intoxicating liquor, rendering the person incapable of having proper control of the motor vehicle.

Deciding on whether to plead guilty or not guilty is an important decision. An experienced drink driving lawyer can advise you on how to get the best result and minimise the impact on your life, based on your individual circumstances.
 

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.

If you have been charged with a DUI, you should call us to discuss your case and your options.

Defending a charge of driving under the influence may entail a dispute of the facts that are being alleged, ascertaining the breath analyzing instrument used was in proper working order or properly operated or the drug analyzing instrument was not used in proper working order or not properly operated.

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 legislation for this offence can be found on section 49(1)(A) of Road Safety Act 1986 as follows:

Road Safety Act 1986 – SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

(a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle.