Resource Centre > Traffic Law

Driving Under the Influence (DUI)

Elements

To convict an individual of driving under the influence, the prosecution must prove the following elements beyond a reasonable doubt:

  1. That the individual drove a vehicle or supervised a learner driver
  2. 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 yearsSecond or subsequent offence within the past 5 years
Automatic Period of Disqualification3 years, which may be reduced to 12 months by the court if the court is satisfied there are good reasons to do so5 years which can be reduced by the magistrate to 2 years
Maximum PenaltyFine of $2,200 and/or 9 months imprisonmentFine of $3,300 and/or for 12 months imprisonment
Where alcohol is involvedA 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.