Have you been caught driving under the influence?

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Have you been caught driving under the influence?

With the weather warming up and summer quickly approaching, we tend to celebrate by having a few drinks. Unfortunately, some take the risk of drinking and driving. In May 2019, tougher penalties were introduced for drink and drug driving, this is as a result of the reforms in the Road Safety Plans 2021.

High range PCA (0.15 or above) can result in heavy penalties, such as fines up to $5,500.00, an interlock order, disqualification and even two years in prison for subsequent offences. For mid range PCA (0.08 to less than 0.15) you could be issued fines up to $3,300.00, disqualification and a term of imprisonment for up to one year.

With such heavy penalties, the best option is to have a Plan B in place if you are planning to drink or take drugs. So, what happens if I have been driving under the influence and get pulled over for a breath or drug test?

Police can pull you over at RBT and MDT stations, for a random breath or drug test or if they find your driving/vehicle suspicious. This means Police can pull you over at any time. Once pulled over, Police may ask you to show your licence to verify your identification and confirm your privilege to drive.

Under section 175 of the Road Transport Act 2013 you are required to produce your licence when requested by Police. Generally, Police will explain that they are conducting a random breath test or drug test.

It is important to know that there are penalties for refusing to provide samples when requested by Police. Penalties for refusing can include fines up to $5,500.00, automatic  disqualification and imprisonment for subsequent offences.

If your roadside test is positive, you will be taken to the roadside station or local police station to conduct a further sample. If this test is returned as positive, tougher penalties may apply and it may result in the issue of a court attendance notice.

If you have been charged with a DUI offence, contact our friendly team on 02 6542 5566. For more on DUI penalties visit https://www.rms.nsw.gov.au/roads/safety-rules/demerits-
offences/drug-alcohol/drug-alcohol-offences.html

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