DUI Lawyer Sydney
I am a specialist DUI lawyer in Sydney, and can help you with your legal needs.
DUI stands for "Driving Under The Influence" and was the original offence covering alcohol related road offences in New South Wales and indeed, Australia-wide. It still exists in the legislation (see section 112 Road Transport Act 2013). However, far and away the most common charge these days for road related drink driving offences is the offence of "Driving With The Prescribed Concentration Of Alcohol".
Although informally referred to as DUI, most people charged with alcohol related road offences are charged with an offence known as "driving with the prescribed concentration of alcohol". There are essentially three categories for this offence, being low range (0.05 - 0.08), mid range (0.08 - 0.150) and high range (0.150 and above). These offences are part of a relatively technical and complex web of legislation contained in sections 107 to 114 of the Road Transport Act 2013. Although there are automatic penalties which apply at first instance, there are quite a number of ways to avoid the full burden of both a hefty penalty and a lengthy disqualification (for example the interlock licence provisions) as well as defences which are available in suitable cases. Your first conference will flesh out whether you have a good case for a lesser or no penalty, and again, experience of 28 years in the field matters a great deal.
The offence of DUI contains specific challenges for the Prosecution and a different set of evidentiary proofs to the offence of PCA. It often relies upon the opinion of a witness, particularly a police officer present at an incident, and of course, opinions vary greatly from person to person. By contrast, PCA legislation, referred to above, relies upon a reading from a scientific instrument, which is operated by the Police and which has been approved by Parliament. It often occurs that in DUI cases symptomatology consistent with affectation by alcohol, may be for a reason apart from intoxication; for example, unsteadiness on one's feet may be due to an injury sustained during a motor vehicle accident and the smell of liquor on one's breath often occurs even before they are affected by that alcohol. In other words, whenever someone presents with a charge such as this, it is often very worthwhile exploring whether this charge can be taken on and beaten.
If you need a DUI lawyer in Sydney for drinking under the influence of alcohol.