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Driving Under The Influence

If you’ve been charged with a drink or drug driving offence, it helps to know a bit about how the law works and how it will impact you. You can be charged with driving under the influence (DUI), even if you believe that you’re not over the legal limit. And DUI can also apply to drug use.

What is DUI?

A person can be charged with a DUI offence when they:

  • Drive, or attempt to drive, a motor vehicle when they are under the influence of intoxicating liquor (or drugs); and
  • Are incapable of exercising effective control of the vehicle.

A DUI offence is usually more serious than an offence of prescribed concentration of alcohol.

For DUI offences, a person is considered incapable of exercising control of a vehicle if:

  • Any of their physical or mental abilities are lost, damaged or reduced; and
  • This has been caused by the alcohol or drugs that they have consumed.

What do police look for?

Police may charge a person with DUI based on slurred speech, unsteadiness, bloodshot eyes or other common signs of intoxication. If those signs can be explained by other circumstances (such as a pre-existing medical condition) then they should consult a DUI lawyer in Adelaide as soon as possible.

DUI Penalties

The penalties for DUI charges include:

  • A minimum fine of $1100.
  • A minimum licence disqualification of 12 months for a first offence, with a minimum three year disqualification if you have a previous drink or drug driving charge.
  • Possible imprisonment.
  • Six demerit points.

If you’ve been charged with a DUI offence, you’ll need expert legal representation as soon as possible. Websters Lawyers has an outstanding team of traffic lawyers who can assist you. Contact us today for a free initial consultation.


It doesn't cost you anything to know where you stand

*Please note: Websters lawyers is a South Australian based law firm, handling matters exclusive to South Australia, with offices located in Adelaide, Ridgehaven and Smithfield.

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