DUI means Driving Under the Influence of not just alcohol but also drugs.
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For the standard alcohol or drug impaired driving offence, if you drive or attempted to drive with a breath level over 400 mcg or a blood concentration exceeding 80mg/100ml you face a prison term of up to 3 months if it is your first offence.
Drink/drug impaired drivers under the age of 20, also face a prison term of up to 3 month and the levels are much less , the levels are 150cmg of breath or 30mg/100ml of blood
For those facing their third or subsequent offence, the penalties significantly increase to a prison term of up to two years.
For the most serious drink or drug impaired driving offending causing injury or death, offenders face 5 years jail if a person is injured and up to 10 years if death is caused person is injured and up to 10 years if death is caused.
An enforcement officer must seize and impound a vehicle for 28 days if he/she believes on reasonable grounds that it was driven on a road while the person:
The penalty for the standard alcohol or drug impaired driving offence, if you drive or attempted to drive with a breath level over 400 mcg or a blood concentration exceeding 80mg/100ml you face a maximum fine of $ 4,500
Drink drivers under the age of 20 with levels in excess of 150cmg of breath or 30mg/100ml of blood can be fined $2,250
For those facing their third or subsequent offence, the maximum fine the Court can impose is $ 6,000
The most serious charges such as intoxicated drivers causing injury or death, the maximum fine is $ 20,000
Court Costs of around $250 are likely to be imposed as well.
For lower levels of alcohol, offenders can be fined an infringement fee and gather demerit points.
An infringement fee of $200 and 50 demerit points can be issued to those driving with a breath alcohol concentration between 251 mcg or blood of 51-80mg . Young persons under 20 years old can be issued face the same fate for ANY amount of alcohol.
Depending upon your age, and whether it is your first, second or third and subsequent offence, you can be disqualified from driving from 3 months to 2 years.
The Court may not necessarily disqualify a person under the age of 20 but for those over 20 years of age who drive over the limit of 400 mcg or a blood concentration exceeding 80mg/100ml the Court must impose a loss of license disqualifying you from driving for a minimum of 6 months. for a first or second offence and more than a year of it is your third or subsequent offence.
There are limited exceptions to the above disqualification guidelines and you may also be able to apply for a limited work license .
Under section 128 of the Sentencing Act 2002 the Court has the ability to confiscate your motor vehicle following a conviction for an offence punishable by more than 12 months imprisonment, or an offence against specified provisions of the Land Transport Act.
This is in addition to other penalties discussed above such as loss of license, fine or imprisonment.
For certain high level readings of 800mcg or 160mg and above, an alcohol interlock sentence must be imposed by the Court.
A device is wired into your car and the car will not start unless and until you breath into it first.
You will be expected to pay the costs for its installation, monthly rental , removal and the initial driver licensing fee, which altogether will add up to around $2,400 – 2,800 for a 12 month sentence .
This sentence essentially disqualifies a person from driving expert under an alcohol interlock licence.
You will not be eligible for any other licence including a limited work license.
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