Drive Under Influence of Alchohol (DUI)- Statutory Offence : ROAD SAFETY ACT 1986 - SECT 49 1(a)

Elements Prosecution Must Prove

1- Accused was driving a motor vehicle
2- Accused was 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

Incapable of having proper control of the motor vehicle

Has to be proved by the prosecution beyond reasonable doubt. Often this charge proceeds where there is no actual evidence of the concentration of alcohol in the blood or breath, but where eyewitness evidence suggests the accused was affected by alcohol at the time of driving. A drink drive lawyer can evaluate the evidence to determine if such charges can be successfully contested.


Sentencing for this drink drive offence is generally harsher than for alternative charge of Exceed Prescribed Concentration of Alcohol (PCA).


Offence History Licence Cancellation Max imprisonment Fine
First offence 24 months 3 months 25 penalty units
Second Offence 48 months 12 months 120 penalty units
Subsequent offence 48 months 18 months 180 penalty units


  1. Culpable Driving Causing Death
  2. Dangerous Driving
  3. Careless Driving
  4. Speeding
  5. Exceed Prescribed Concentration of Alcohol (PCA)
  6. Fail to Furnish a Breath Sample / Refuse to Accompany a Police Officer


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