Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in Melbourne – How Serious and What’s the Maximum Penalty?
Anyone found guilty of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) may face a maximum penalty of 18 months of imprisonment or a fine of 180 penalty units. Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) is a moderate offence which could lead to a prison term if guilt is proven in Court. Cases involving this charge are summarily heard in the Magistrates’ Court.
The legislation on Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)
Section 49 of the Road Safety Act 1986 is the legislation for Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI). It states:
Offences Involving Alcohol or Other Drugs
(1) A person is guilty of an offence if he or she-
(a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or
...
(other details of section omitted)
Pleading guilty or not guilty to Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in a Melbourne Court
The decision on whether you should plead guilty to Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) or not has crucial implications for you and should be made after proper discussions with a criminal defence solicitor. If you are proven guilty, there could be severe consequences.
Elements of the charge of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in a Melbourne Court
The Prosecution must show that the defendant was driving or was in charge of a motor vehicle. It must be proven that while doing such, the defendant was under the influence of intoxicating liquor or of any drug so as to become incapable of having proper control of the motor vehicle.
Defending the charge of Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in a Melbourne Court
Defences that are often run in relation to this charge involve a factual dispute and an issue with the use or condition of the instruments used in measuring the alcohol or drug content in the body of the defendant. There are many cases where the breath or drug analysing instruments were not functioning properly or were used incorrectly. In either situation, any results may not be considered valid .
For more information on Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI), you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
www.criminal-lawyers.com.au/Melbourne-criminal-lawyers
This article was written on Sept. 12, 2012 and relates to the law that it stands at this time.
