Drive Under the Influence of Drugs or Alcohol (DUI) is a serious charge. As a result, you could receive a criminal conviction.
Read our article for more information. Alternatively, you can call us for free advice.
Will I get a criminal record for DUI?
The maximum penalty reflects how serious this charge is (see below). Therefore, it’s difficult to avoid a criminal record.
However, a conviction can be avoided if you receive a conditional release order without conviction.
The court will consider a range of factors, before a sentence is imposed. For example:
- The circumstances of the offence,
- Your criminal history,
- Your traffic history,
- Completion of the Traffic Offenders Program,
- As well as your personal circumstances.
Will I lose my licence?
Yes, you will lose your licence, if you are convicted. Generally, the automatic disqualification period will apply.
However, certain factors can reduce this period. For example:
- Your need for a licence
- Completion of the Traffic Offenders Program.
However, the time spent off the road can’t be less than the minimum period.
Penalty for Driving Under the influence of Drugs
The maximum penalty depends on whether the charge is a first offence, or a second or subsequent offence.
First Offence
- Maximum fine of $3,300
- Maximum term of imprisonment of 18 months
- Automatic disqualification period of 3 years
- Minimum disqualification period of 12 months
Second Offence
- Maximum fine of $5,500
- Maximum term of imprisonment of 2 years
- Automatic disqualification period of 5 years
- Minimum disqualification period of 2 years
However, a conditional release order or a community corrections order are common for this charge.
In addition, an interlock order will apply if you are convicted of driving under the influence of alcohol.
We can help
Our trusted lawyers are with you every step of the way. We will ensure you receive the best possible outcome for your case.
Contact us today on 0421 700 497 for a free initial consultation.
