Elements
To convict an individual of driving under the influence, the prosecution must prove the following elements beyond a reasonable doubt:
- That the individual drove a vehicle or supervised a learner driver
- The individual under the influence of alcohol or any drug, including prescription drugs such as valium
Penalties
If found guilty, the following penalties may apply. Much like other driving offences, the penalties vary in severity depending on whether the offence was a repeat offence.
| First offence within the past 5 years | Second or subsequent offence within the past 5 years | |
| Automatic Period of Disqualification | 3 years, which may be reduced to 12 months by the court if the court is satisfied there are good reasons to do so | 5 years which can be reduced by the magistrate to 2 years |
| Maximum Penalty | Fine of $2,200 and/or 9 months imprisonment | Fine of $3,300 and/or for 12 months imprisonment |
| Where alcohol is involved | A mandatory interlock order will apply. An order of this kind imposed by the court will require the individual to spend between 6 and 9 months off the road, before installing a device known as an ‘interlock device’ into their vehicle for a period of 24 months. The individual must blow into that device and register a negative reading for alcohol before the ignition will activate. An exemption from having to install an interlock device may be granted if it would cause severe financial hardship or it is otherwise appropriate to do so. |
Alternative penalties that the court can impose also include:
- Section 10 Dismissal
- Conditional Release Order
- Fine
- Community Correction Order
- Intensive Correction Order
- Prison.