Driving Under the Influence (DUI)
This is a more serious charge than simply drink driving or PCA. It includes being influenced by alcohol and / or a drug and is an offence based on your conduct, behaviour and impairments to faculties. You may have a low blood alcohol reading, but still be affected to the point you cannot drive. It is also possible to be charged with DUI even if the Police did not take an alcohol or drug reading. However, there are a variety of defences that a lawyer can assist you with.
How you will receive notice of this charge: If you are arrested, you will receive a date by the police or the court when you receive bail. If you have not been arrested, you will receive a court summons to appear in the Magistrates Court of South Australia via post.
Penalties for this charge: Penalties will vary depending on your past drink / drug driving history but the key difference between PCA and DUI is you can be imprisoned for this offence.
Maximum penalties can range from 3 months in prison, a $1200 fine and a 1-year licence disqualification for a first offence, and 6 months in prison, a $2500 fine and a 3-year licence disqualification if you have previous convictions.
Things to consider: To charge under this offence, Police do not rely on a breath analysis reading but instead look for indications such as alcohol on breath, bloodshot eyes, unsteadiness on feet, and ability to coherently form sentences. There are a variety of defences for this charge, and also the ability to negotiate with a guilty plea or have the charge reduced to PCA. Our expert team can help you with both of these routes.