Driving Under the Influence (DUI) in South Australia
What the Offence Is
Under Section 47 of the RTA, it is an offence to drive or attempt to drive a motor vehicle while under the influence of alcohol or drugs to such an extent as to be incapable of exercising effective control of the vehicle. Driving under the influence of drugs includes illegal substances or prescribed medications.
Why You Need Legal Advice
Driving under the influence is a serious offence with significant legal consequences in South Australia. . If you are facing a DUI charge, it is crucial to seek legal advice to understand your rights and options fully. Our team of experienced lawyers is here to help guide you through the legal process and work towards the best possible outcome for your case. Contact Stanley & Co. Lawyers for a confidential consultation.
Helpful Questions & Answers
Heading 1
Heading 2
Heading 3
Heading 4
Heading 5
Heading 6
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.
Block quote
Ordered list
- Item 1
- Item 2
- Item 3
Unordered list
- Item A
- Item B
- Item C
Bold text
Emphasis
Superscript
Subscript
What the Prosecution Needs to Prove (Elements of the Offence)
For a successful conviction of a DUI offence, the prosecution must prove beyond a reasonable doubt that:
- Identity of the Driver: That the person charged was the driver of the vehicle.
- Driving on a Public Road: That the driving occurred on a public road or a place to which the public has access. The definition of a road can vary depending on the circumstances, so it is important to speak to a lawyer to determine whether you have a defence.
2. Incapacity Due to Influence: The accused was under the influence of alcohol or drugs to the extent that they were incapable of exercising effective control over the vehicle.
The Relevant Court
DUI cases in South Australia are typically heard in the Magistrates Court.
What Defences are Available
Several defences may be available to an individual charged with a DUI offence, including but not limited to:
- Involuntary Intoxication: The accused was unknowingly administered alcohol or drugs.
- Impairment not due to drugs or alcohol – For example you had experienced a medical episode.
Specific Maximum Penalties for the Offence
The penalties for DUI offences vary based on the specifics of the case, including prior offences and the severity of the current offence. According to the RTA, the maximum penalties include:
- For a first offence- s47(1)(a)(i)
- Fine: $1,100 - $1,600 OR Imprisonment: 3 months
- minimum 12 months disqualification
- For a subsequent offence- s47(1)(a)(ii)
- Fine: $1,900 - $2,900 OR Imprisonment: 6 months
- minimum 3 year disqualification
- If the vehicle concerned was not a motor vehicle- s47(1)(b)
- Fine: $500
27
Combined Years Of Experience
