Driving under the influence of alcohol or a drug (DUI)
Road Transport Act 2013 (NSW) s 112(1)
Get advice first
- Hanna Legal — for advice about your matter, call (02) 9268 0444.
- Aboriginal Legal Service — Custody Notification Service 1800 765 767.
For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A person drives a vehicle (or occupies the driving seat and attempts to put it in motion), or supervises a learner driver, while under the influence of alcohol or a drug. 'Under the influence' means the person's ability to manage and control the vehicle was impaired by alcohol or a drug. It need not amount to being drunk, and it can be inferred from the circumstances and the manner of driving.
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- You drove a vehicle, or occupied the driving seat of a vehicle and attempted to put the vehicle in motion, or (if you held a full licence) supervised a learner driver who was driving (this offence covers any 'vehicle', not only a 'motor vehicle')
- You were under the influence of alcohol or a drug — your ability to manage and control the vehicle was impaired, not merely that a concentration of alcohol or a drug was present
Which court & maximum penalty
This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.
Maximum penalty: First offence: 30 penalty units ($3,300) or 18 months imprisonment. Second or subsequent: 50 penalty units ($5,500) or 2 years imprisonment. Automatic disqualification 3 years (minimum 12 months) first offence; 5 years (minimum 2 years) second or subsequent (s 205). For an alcohol DUI a mandatory alcohol interlock order normally applies.
Time limits
Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.