A DUI (Driving Under the Influence) is when you are caught driving while impaired by alcohol or drugs. Police may conduct a blood alcohol content (BAC) test in a range of situations, including random breath testing (RBT), after a crash, or if they suspect you may be under the influence. Generally, if you’re asked by a police officer to provide a breath or blood sample for alcohol or drug testing you must comply. This may include driving a car or other motor vehicle, boat or watercraft while under the influence of alcohol or drugs.
If you are caught driving under the influence, you will need to go to court where a magistrate will decide how long your licence is disqualified for and if you will receive a fine or be sentenced to time in jail. Your penalty will depend on the concentration of drugs or alcohol in your system and your history (particularly if you have previously committed a DUI offence). In this article we’ll cover what to do if you are caught with alcohol or drugs in your system.
What should I do if I was caught driving under the influence?
It’s important that you are cooperative with the authorities and try to remain as calm as possible. You have the option of representing yourself in court or hiring a lawyer. As a DUI charge can lead to serious consequences, we’d recommend speaking to a lawyer as soon as possible to assess your case.
If you have been charged, speak to a lawyer as you may be eligible or a special hardship order or restricted work licence (commonly known as a ‘work’ licence). A lawyer will protect your rights and guide you through the process to get the best possible outcome.
How much alcohol is over the limit?
Learner, Provisional and Probationary licence holders
You are not permitted to have any alcohol before driving if you have a Learner, Provisional or Probationary licence. You must have a blood/breath alcohol concentration of 0.0. Blood or breath alcohol concentration is measured by the amount (in grams) of alcohol per 100 millilitres of blood. It’s important to note that your BAC hasn’t reached it’s peak when you stop drinking—it will continue to rise for 30 to 60 minutes.
Other drivers that must have a zero BAC include:
- Drivers of vehicles over 4.5 tonnes
- A bus that can carry over 12 adults
- Vehicles carrying a placard load of dangerous goods
- Passenger vehicles such as taxis, limousines or other ride hailing services
- Tow truck or escort vehicle for an oversized vehicle
- Class RE licence holder in their first year of riding
Open licence holders
As an open licence holder, you must have a BAC below 0.05. It’s important to note that this includes anyone who is supervising learner drivers. While there are ways to estimate how many standard drinks are under the limit, there are various factors that can influence your BAC. So if you’re unsure, always be safe and don’t drive.
Is Under the Influence of Liquor (UIL) the same as a DUI?
You may have heard the term DUI as it is often used colloquially, but UIL is also used interchangeably. “Under the influence of liquor” is a legal term that refers to driving, or attempting to drive, while being over the blood alcohol concentration limit.
Can I drive while using medical cannabis?
If you drive after using certain medications, you may be under the influence without realising. Whether it’s medical cannabis or another medication, you should ask your doctor or check the instructions to confirm whether you can legally or safely drive. For medical cannabis, you will also need to get a letter from your doctor to show that it was prescribed to you for medical purposes.
Can I still be over the limit the morning after drinking?
The amount of time is what breaks down alcohol, so you may still be over the limit when you wake up the next morning. Water and food won’t reduce the amount of alcohol or drugs in your system, you will need to wait until it has had time to break down and leave your system.
What factors influence your BAC?
There are a range of factors that may influence your BAC, even if you think you haven’t had that much to drink. The concentration of alcohol can vary significantly, even between types of beers for example. The speed you drink, your body weight, and medications you’re taking.
What happens if I’m caught driving under the influence?
If you are tested and caught drink or drug driving, you’ll need to attend court. Depending on the severity of the offence, you may lose your licence, pay a fine, or go to jail in serious cases. Your licence will be immediately suspended if you are 0.15% or over or if you are under in the influence of a drug, until your matter has been dealt with in court. A lawyer can determine if you are able to apply for this disqualification to be lifted before your sentence, which is possible in some circumstances.
Those who have been previously convicted of a drink or drug driving offence in the past 5 years may have their licence suspended indefinitely, be fined, or serve a term in prison.
If you were caught driving under the influence of drugs or alcohol, it can be an incredibly stressful time. Our lawyers are here to help guide you through the process to limit the impact on your life and get the best outcome for you. Get in touch to talk through your situation.