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Being charged with DUI can be a very distressing experience

Being charged with DUI can be a very distressing experience. The same entails a good representation before the court in order to be free from criminal records.

Driving in the public roads while drunk can be a serious offense in NSW. Reports have linked drink driving or driving with high blood alcohol concentration to the high number of vehicular accidents, highway injuries, and death. Thus, under the Traffic Law any person who is caught drunk while driving or tested positive with breath analyzer after a car crash can be charged with driving under the influence (DUI).

The Traffic Law categorizes driving offenses depending on the blood alcohol concentration found in the body.

Other drink driving offences punishable under the law include:

  • Refusing breath analysis / failing to provide a sufficient sample of breath
  • Driving while suspended /cancelled and disqualified
  • Driving in a manner or speed dangerous to the public

The penalties for drink driving offenses in NSW can vary depending on the category of the offense committed and the number times you have committed drink driving offenses. First time offenders are imposed lighter penalties than subsequent offenders. Also, imprisonment term is shorter for novice range PCA compared to high range PCA.

Imprisonment is the most common penalty for drink driving offence. However, an offender under the Traffic Law may be found guilty and avoid conviction under Section 10 of the of the Crimes (Sentencing Procedure) Act 1999. This is true for first time offenders. If the counsel can convince the court not to convict his client, the offender may not be convicted at all. He will not have any criminal record, no fine, no disqualification. Otherwise, the court will convict the offender, record the conviction, and impose the appropriate penalties.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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