The Road Transport Act 2013 section 112 covers the offence of DUI. What is DUI? What Must be proven in court for such charge to be proven beyond a reasonable doubt? What are the penalties? Well, this article will be seeking to answer all the above questions!




In the state of NSW, it is against the law and an offence to attempt to use or use a motor vehicle while under the influence of alcohol or another drug. The term ‘DUI’ is commonly used in Courts, and it stands for ‘Driving under the Influence’.



Elements that must be proved Beyond a reasonable Doubt?

A person will be found guilty of a DUI charge if the prosecution proves the following elements beyond a reasonable doubt:


The person has:


·         Driven a vehicle

·         Occupied the driver’s seat of a vehicle and attempted to put the vehicle in motion.

·         Occupied the passenger seat of a car while a learner driver is driving


Whilst under the influence of drug(s).




After a finding of guilt or alternatively after a person enters a plea of guilty to the charge a person can (presuming this is a first offence) be fined 30 penalty units or even imprisoned for up to 18 months (or even both). For a second or even a subsequent offence, a person could be fined 50 penalty units or imprisoned for up to two years (or even both). It should also be noted if convicted of this offence and in addition to the above-mentioned penalties, the court also has the complete discretion as to the duration of the licence disqualification.


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 Nicopoulos Sabbagh Lawyers.


*This article correctly reflects the Laws of NSW as at 3rd February 2023.


*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.


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