Being
charged with Driving Under the Influence (DUI) under Section 112
of the Road Transport Act 2013 (NSW) can be a life-altering
experience. Whether you’ve been accused of driving while under the influence of
alcohol or drugs, the consequences can include hefty fines, licence
disqualification, and even imprisonment. At Nicopoulos Sabbagh Lawyers,
our criminal defence lawyers in Sydney, NSW, are here to help you
navigate this challenging situation. In this detailed guide, we’ll explain what
a DUI charge entails, the penalties you may face, the implications of pleading
not guilty or pleading guilty, and how our experienced DUI
lawyers can fight for the best possible outcome.
Understanding Section 112 of the Road Transport Act 2013 (NSW)
Section
112 of the Road Transport Act 2013 (NSW) makes it an offence to
drive a vehicle, or attempt to drive, while under the influence of alcohol or
any other drug to the extent that your ability to control the vehicle is
impaired. Unlike Prescribed Concentration of Alcohol (PCA) offences,
which rely on specific blood alcohol readings, a DUI charge focuses
on observable impairment. This could include:
• Erratic driving, such as swerving or failing to obey
traffic signals.
• Physical signs of intoxication, like slurred speech or
bloodshot eyes.
• Failing a roadside sobriety test or drug test conducted by
NSW Police.
The
prosecution must prove beyond reasonable doubt that you were driving (or
attempting to drive) and that your ability was impaired by alcohol or drugs.
DUI charges can involve illicit drugs (e.g., cannabis, methamphetamine) or
prescription medications if they affect your driving capacity.
Because
DUI is a serious traffic offence in NSW, seeking advice from a criminal
lawyer in Sydney is essential to protect your rights and minimise
penalties.
Penalties for DUI in NSW
The
penalties for a DUI conviction under Section 112 depend on whether it’s your first
offence or a second or subsequent offence within five
years. Here’s what you could face:
• First Offence:
•
Maximum fine of $3,300 (30 penalty units).
•
Up to 18 months imprisonment.
•
Automatic licence disqualification for 3 years (minimum 12 months).
• Second or Subsequent Offence:
•
Maximum fine of $5,500 (50 penalty units).
•
Up to 2 years imprisonment.
•
Automatic licence disqualification for 5 years (minimum 2 years).
In
addition to these penalties, a DUI conviction can lead to a criminal record,
which may impact your employment, travel, and insurance prospects. However, the
court has discretion to impose lighter penalties, such as a Section 10
dismissal or conditional release order, which could allow you
to avoid a conviction and keep your licence. At Nicopoulos Sabbagh Lawyers,
our traffic lawyers in Sydney specialise in securing the best
outcomes, helping clients maintain their livelihoods.
Pleading Guilty to a DUI Charge
Choosing
to plead guilty means you accept responsibility for the offence.
This can be a strategic decision if the evidence against you is strong or you
want to show remorse to the court. Here’s what you need to know about pleading
guilty to a DUI charge:
Advantages of Pleading Guilty
1. Sentencing Discount: Entering an early guilty plea
can reduce your penalty by up to 25%, as it demonstrates remorse and
saves court resources. The discount decreases if you plead guilty later in the
process.
3. Non-Conviction Outcomes: Even after pleading
guilty, you may be eligible for a Section 10(1) dismissal or even a
Conditional Release Order without Recording of a conviction, meaning no
criminal record or licence disqualification. This is particularly valuable if
you rely on your licence for work or family obligations.
4. Faster Resolution: Pleading guilty avoids the
stress and uncertainty of a defended hearing, allowing you to move forward
sooner.
How We Support Guilty Pleas
At Nicopoulos
Sabbagh Lawyers, we take a proactive approach to guilty pleas, ensuring
your case is presented persuasively in court. We’ll help you prepare:
• Character references to highlight your good standing
in the community.
• A letter of apology or affidavit explaining
the circumstances and your commitment to rehabilitation.
• Evidence of hardship, such as proof that losing
your licence would affect your job or dependents.
• Completion of a Traffic Offender Intervention Program,
which can demonstrate insight and reduce your sentence.
Our Sydney
criminal lawyers regularly appear in Local Courts across NSW,
including Downing Centre, Parramatta, and Burwood. We’ll craft a compelling
plea to secure a lenient outcome, such as a fine, a shorter disqualification
period, or a non-conviction order.
Pleading Not Guilty to a DUI Charge
If you
believe you’re innocent or the prosecution’s case is flawed, pleading not
guilty may be the right choice. By pleading not guilty, your case
proceeds to a defended hearing, where the prosecution must prove every
element of the offence beyond reasonable doubt.
The Defended Hearing Process
At a
defended hearing, both sides present evidence, and witnesses (such as arresting
officers) may be cross-examined. Our criminal defence lawyers in Sydney will
thoroughly prepare your case, analysing police statements, video footage, and
test results etc.
If the
court finds you not guilty, the charge is dismissed, and you face no penalties
or criminal record.
Why Choose Nicopoulos Sabbagh Lawyers?
A DUI
charge can threaten your freedom, finances, and future. At Nicopoulos
Sabbagh Lawyers, we’re committed to helping you achieve the best possible
outcome, whether that’s a not guilty verdict, a non-conviction order, or a
reduced penalty. Here’s why clients across Sydney, NSW, trust us:
• Specialised Expertise: Our team has extensive
experience defending DUI charges and other traffic offences in
NSW courts.
• Client-Focused Approach: We listen to your needs
and tailor our strategy to your unique circumstances.
• Proven Results: We’ve secured many Section 10 dismissals, Conditional Release
Order without Conviction, acquittals, and lenient penalties for clients
facing DUI charges.
• Round-the-Clock Support: Legal issues don’t wait,
and neither do we. Contact us anytime for urgent advice.
Steps to Take After a DUI Charge
Whether
you’re leaning toward pleading guilty or not guilty, early action is critical.
Here’s how to prepare:
1. Contact a Lawyer ASAP: Call Nicopoulos Sabbagh
Lawyers for a free initial consultation to discuss your
case and options.
2. Collect Evidence: Gather any relevant documents,
dashcam footage, or witness statements that support your defence.
3. Consider a Traffic Program: If pleading guilty,
enrolling in a Traffic Offender Intervention Program can show the
court you’re addressing the issue.
4. Document Impact: Provide evidence of how a
conviction or disqualification would affect your employment, family, or
wellbeing.
Get Expert Legal Help Today
A DUI
charge under Section 112 of the Road Transport Act doesn’t
have to define your future. At Nicopoulos Sabbagh Lawyers, our criminal
lawyers in Sydney are dedicated to protecting your rights and securing
the best outcome for your case. Whether you’re pleading not guilty and fighting
the charge or pleading guilty and seeking leniency, we’ll provide the expert
guidance and fierce advocacy you need.
Don’t
wait to take control of your situation. Contact Nicopoulos Sabbagh Lawyers today
on 0427 101 499 or 02 9793 7016 or visit our website to book a free
consultation. Let us help you move forward with confidence.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Traffic Lawyers to
represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for
Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book
your first Free Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 14th March 2025.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.