Criminal Lawyer specialising in DUI Offences, Conveyancing, Commercial Law & Wills and Estate Planning
Driving Under the Influence of Drugs
Section12(1) of the Road Transport (Safety and Traffic Management) Act 1999)
which creates the offence of DUI of alcohol also creates the offence of DUI of a
drug.
There are now provisions in place for police to carry out random tests of drivers for the detection of the presence of drugs (see the section on DUI - Random Drug Testing).
If police pull over a person because of the way the vehicle is being driven and they carry out a random breath test but the driver does not indicate a positive breath test for Alcohol, then the officer may suspect that the driver is DUI - driving under the influence of a drug. He is then entitled under s.25 of the act to carry out what is called a "sobriety test". If the driver refuses or fails the sobriety test, then he is arrested and police are empowered to have taken a sample of the driver's blood or urine which is submitted for analysis.
Defence:
S. 28 of the Act sets out the circumstances when police are not permitted to carry out a sobriety assessment. They are similar to those pertaining to breath testing, except that there is a 4 hour time limit for the taking of blood samples and a 2 hour limit in the case of oral fluids.
A person might also be under the influence of prescribed medication and guilty of the offence of DUI. It matters little, in reality, what it is that is affecting the driver, if such person is a danger on the road owing to him/her Driving Under the Influence (DUI) of anything that affects his/her driving.
Click here for a comprehensive chart of penalties.
There are now provisions in place for police to carry out random tests of drivers for the detection of the presence of drugs (see the section on DUI - Random Drug Testing).
If police pull over a person because of the way the vehicle is being driven and they carry out a random breath test but the driver does not indicate a positive breath test for Alcohol, then the officer may suspect that the driver is DUI - driving under the influence of a drug. He is then entitled under s.25 of the act to carry out what is called a "sobriety test". If the driver refuses or fails the sobriety test, then he is arrested and police are empowered to have taken a sample of the driver's blood or urine which is submitted for analysis.
Defence:
S. 28 of the Act sets out the circumstances when police are not permitted to carry out a sobriety assessment. They are similar to those pertaining to breath testing, except that there is a 4 hour time limit for the taking of blood samples and a 2 hour limit in the case of oral fluids.
A person might also be under the influence of prescribed medication and guilty of the offence of DUI. It matters little, in reality, what it is that is affecting the driver, if such person is a danger on the road owing to him/her Driving Under the Influence (DUI) of anything that affects his/her driving.
Click here for a comprehensive chart of penalties.
Any opinions expressed by the writer in articles within this website are not
provided as legal advice, but simply an opinion in respect of the law as it
stands as at 07/02/2012. It is provided as assistance only
& should not be
interpreted as being legal advice for any particular case. Readers should
contact Proctor and
Associates or their own lawyer and obtain individual legal advice
for their particular case.
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Heavy Vehicles | Apprehended Violence Orders | Sexual Assault Charges | Murder & Manslaughter
Property Law | Assault Law | Appeals Court | Mobile Speed Cameras NSW | Conveyancer Parramatta
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