Being charged with driving whilst under the influence or also known as a DUI offence can be a very traumatic experience. For a majority of people it is their first experience with our criminal justice system and they generally have no idea of the process involved after being arrested for DUI. There is a distinction between a PCA (Prescribed Content Alcohol) and a DUI. Penalties depend on the type of offence and prior driving history. It is an offence for a person to drive or occupy the seat of a motor vehicle whilst under the influence of a drug or alcohol and severe penalties and automatic disqualification periods apply if convicted. The court may take into account the effects of disqualification on the offender when deciding what the penalty should be given which includes gaol.

The court may reduce or extend an automatic disqualification period, as it thinks fit subject to the minimum period outlined under the Act. A disqualification is in addition to any penalty imposed for the offence.

With PCA offences it should be remembered that reliance is placed upon a precise blood alcohol reading. There are five different categories of PCA offences including novice range, special range, low range, middle range and high range.

The Court of Criminal Appeal ("CCA") has given a guideline judgement dealing with matters to consider when sentencing for High Range PCA (and by extension, for Mid and Low Range offences also). This decision goes by the title of: "Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303",

This is generally referred to as "The Guideline Judgment".

If you have been charged with an offence that is at the higher end of the scale, our experienced lawyers are ready to act on your behalf in your interests and present your case to the court with the aim of minimising your penalty.

Regardless of the level of your drink driving charge, City Legal Solicitors can help you to achieve the best possible outcome. If you require friendly professional assistance, please contact us