What is DUI or driving under the influence in Western Australia?
In Western Australia, DUI (driving under the influence) refers to the act of operating a vehicle while under the influence of alcohol or drugs. It is illegal and punishable by fines, licence suspension or revocation, and possible imprisonment. The legal blood alcohol limit in Western Australia is 0.05%. If a person is found to have a blood alcohol level above this limit while operating a vehicle, they will be charged with DUI. Repeat offenders and those who cause accidents or injuries while under the influence may face harsher penalties.
What happens if I am charged with DUI?
If you are charged with DUI in Western Australia, you will typically be issued a summons to appear in court. At court, you will be formally charged with the offence, and you will be able to enter a plea of guilty or not guilty.
If you plead guilty, the court will proceed to sentencing, which can include fines, licence suspension or revocation, and possible imprisonment.
If you plead not guilty, the court will schedule a trial where the prosecution must prove that you are guilty beyond a reasonable doubt.
It is important to note that a DUI charge can have serious consequences, including fines, imprisonment, and a criminal record. It can also impact your ability to drive, your employment, and your insurance rates. If you are facing DUI charges, it is recommended that you seek legal advice from a criminal defence attorney.
How can a lawyer help with defending a DUI charge?
A lawyer can help you defend against a DUI charge by:
- Explaining the charges and the legal process to you: A lawyer will be able to explain the charges against you and the legal process that will be followed, including the possible outcomes and penalties.
- Reviewing the evidence: A lawyer will review the evidence against you, including the results of any breath or blood tests and the police report. They will look for any inconsistencies or errors that may be used to challenge the evidence against you.
- Identifying possible defences: A lawyer will be able to identify any possible defences that may be available to you, such as arguing that the traffic stop or the administration of the breath or blood test was illegal.
- Negotiating a plea bargain: If the evidence against you is strong, a lawyer may be able to negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser charge in exchange for a reduced sentence.
- Representing you in court: If the case goes to trial, a lawyer will represent you in court, making arguments on your behalf, cross-examining witnesses, and presenting evidence in your defence.
- Advising on the best course of action: A lawyer will be able to advise you on the best course of action given your unique circumstances, and they will advocate on your behalf to get the best outcome possible.
It’s important to note that hiring a lawyer doesn’t guarantee a not guilty verdict, but we will help you navigate the legal system, provide a better understanding of your rights and options.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your DUI case in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.