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Driving Under the Influence (DUI)

Police normally resort to charging someone with DUI when they are unable to charge a person with drink driving. This could be because they are outside of the time limits that apply for police to conduct a breath analysis. Police cannot subject a person to a breath analysis if more than 2 hours has elapsed since the time of driving, or if a person is injured in a motor vehicle accident. It might also be because there is no indication that alcohol has been consumed. Perhaps there is evidence of behaviour or appearance consistent with drug use.

DUI is driving under the influcenc of alcohol or a drug – even if that drug is not a prohibited drug. Sometimes people take sufficient quantities of a drug that it will impair their driving skills.

Nyman Gibson Stewart has drink driving lawyers and traffic experts who can help you whether you are pleading guilty or wish to defend the allegation that you face.

We will advise you in relation to possible defences, whether there is reason to test the prosecution case or challenge the alleged facts. We will assist you in understanding how to compile a character reference and check them prior to using them in Court.

We will advise you on the potential penalties and how to maximise your chance of avoiding a conviction.

Some of our traffic law specialists and criminal law specialists are lecturers at the Traffic Offender Intervention Programs and have significant experience in dealing with these types of matter in Local Courts.

If you receive a penalty that is too severe, we will assist you in lodging a Severity Appeal and run your appeal in the District Court. We travel to all courts in NSW.

The State government has recently introduced legislation to identify people who have illegal drugs in their system at the time of driving – even if they are not under the influence. The mere presence of a drug will render that person liable to a criminal record and fines and disqualfication. For example, if you smoked cannabis 2 weeks ago and were subject to a random drug test, it is likely that you would still show signs of the drug in your saliva and find yourself in trouble.

Some say that these new laws are aimed at identifying drug users in the community and criminalizing their use of prohibited drugs. The laws expose a larger number of people to criminal prosecution.

DUI is an offence that will, if defended, more than likely need a report from a pharmacologist to determine whether the amount of the drug or alcohol found in the system would have affected the driving ability of the accused person.

We can assist with obtaining the pharmacological report and advise you of the costs involved. From experience, we know what information is required by the pharmacologist for the preparation of a report.

If your licence is important to you – do not take risks with your representation.

If your future is important to you – you need our help.

Contact one of our drink driving lawyers immediately – your first conference is free

Driving Under the Influence (DUI) FAQs:

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