Everything You Need To Know About Driving Under The Influence (DUI) In Australia

December 2, 2020    Traffic lawyers Perth
Everything You Need To Know About Driving Under The Influence (DUI) In Australia

Driving Under Influence (DUI) is considered a serious crime according to the traffic laws of Australia. It’s an offence when a person oversees a trainee driver or drives a car under drug’s or alcohol’s influence. If you are also incurred by the offence of DUI, then seeking top-notch legal assistance is imperative. So, you must hire one of the best traffic lawyers Perth if the incident has taken place in Perth, Australia.

What Is The Procedure Of Driving Under Influence?

When police fail to perform a breath test lawfully, a resentful situation like a DUI charge will arise. There are certain circumstances that play a crucial role in the occurrence of your DUI charge. These include the following:

  • If you are staying at home after being incurred by your DUI charge
  • If already two hours have crossed from the time you had driven the vehicle
  • If the outcome of your breath test is negative, nonetheless, police doubts on you for being influenced by a drug or
  • In case, you are admitted to a hospital abruptly

The police will perform a sobriety evaluation on you if you’ve been incurred by any of the aforesaid circumstances. It may happen that you couldn’t qualify in this particular test. In that case, you will be taken to a hospital. There, your urine or blood samples will be collected accordingly. Subsequently, these samples will be assessed quite painstakingly to ascertain the verdict of your DUI charge.

Difference Between PCA And DUI Offences

Many Australian dwellers get confused between DUI and PCA charges. The fact is both of them are quite different from each other. The chief difference between these is in the process of gleaning the evidence. The former offence is inferred through urine or blood samples or when the police personnel observe the act directly. On the contrary, the latter offence is substantiated based on the outcome of a breath test analysis equipment.

Possible DUI Penalties

There are certain types of penalties which a DUI offender is subject to according to the severity of the incident. Depending on this aspect, some of the most exemplary penalties which DUI offenders in Australia are incurred with include:

Driving Under The Influence (DUI)-Second Offence Pertaining To Alcohol For 5 Years

This particular penalty requires the offender to pay a fine of AU$5500. Besides, there will be an interlock condition on the offender’s driving license for four years. Moreover, the person has to serve a jail sentence of two years. Your driving will also be disqualified with an order of interlock for twelve months. This duration can be decreased somewhat but not below nine months. Similarly, you can also get an exemption from this period of interlock for five years. This duration can be reduced as well which won’t be below two years.

Driving Under The Influence-Penalties Incurred For First Category Offences

If you are incurred by the first category penalties of DUI, then, the following rules and conditions will apply:

  • Jail Sentence: You will become subject to a jail sentence of 18 months
  • Fine: You will have to pay fine of AU$3300 if you are incurred by the first category penalties
  • Interlock Condition: Your driver’s license by an interlock condition period of two years.
  • Interlock Disqualification Order: Your driver’s license will be disqualified with an interlock disqualification order for nine months. This particular duration can be decreased which won’t be below six months.
  • Exemption From Interlock: You’re also allowed to obtain an exemption from your interlock disqualification order for 9 months. This duration can be lessened but it won’t be below one year.

So, have you also been inflicted by any of the DUI penalties stated above? Then, you should hire the best drink driving lawyer in Perth right away. Your lawyer will give you finest legal ideas and tips to execute. By implementing the legal plan suggested by your legal advisor, rest assured that you can attain the best results.

DUI Is Considered A Crime: Yes Or No?

Yes, driving under the influence (DUI) is certainly considered a criminal offence. As an offender, you will conventionally receive a pertinent conviction from the court of law. Later on, your DUI charge will comprise a crucial part of your criminal background records and checks.

Ways Defend Your DUI Charge!

There are a few ways adhering to which you can get over your DUI charge quite effectively. These are as follows:

  • You can convince the court to deal with your DUI case by excluding the conviction, but, proving you guilty or
  • You can absolve the matter by requesting the court to prove you guilt-free and must succeed in doing so.

DUI is a serious crime and should not be taken lightly. So, the best option is to contact a proficient drink and drive lawyer, Perth. A traffic lawyer in Perth is competent enough at considering every single point pertaining to your legal case. Finally, your lawyer will ensure a verdict which is in the best of your interest.

What Is Immediate License Suspension?

The police might issue a notice concerning immediate license expired or suspension if you are incurred by a court appearance for driving under influence. You need to serve this period within a time-frame of 48 hours from the filing of your charge. If you are holding an interstate or international license, it implies you cannot drive within Perth. Conversely, if you are holding an Australian license, it will be suspended right then ceasing your driving right. You can appeal to the court of law as well. In that case, you must substantiate a couple of extraordinary circumstances to get back your license.

Court Hearing

If the court hears the case, then you must appeal to them effectively until the final verdict is proclaimed. Until then your suspension will remain into effect.

Hire Traffic Lawyers In Perth!

As already said that the charge of driving under influence is considered a grim offence, especially in Perth, Australia. So, to get the finest legal help, contact the top traffic lawyers in Perth as soon as possible. The best traffic lawyers will leave no stone unturned to prove you guilt-free from your DUI charge.

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