Going to Court for Drink Driving in the ACT : Baker Deane & Nutt

Driving under the influence (DUI) is a criminal offence and can have serious consequences. There are a range of penalties written into legislation and it is the role of the Magistrate in the courthouse to determine the penalty and its severity.

Therefore, if you have been charged with drug or drink driving, it’s important to understand exactly what going to court for DUI involves, how it works and the potential outcomes. Below, we explain how to prepare for your hearing, what to expect in Court and why you should seek professional legal support as soon as possible.

What is a DUI charge?

A DUI charge refers to driving under the influence of alcohol or drugs. In the ACT, driving under the influence of alcohol is criminalised under the Road Transport (Alcohol and Drugs) Act 1977 (‘the Act’). If you drive under the influence of alcohol, you will be charged under section 19 of the Act for having a prescribed concentration of alcohol (PCA) in the blood or breath.

There are different penalties for first offenders and repeat offenders. There are also different levels depending on your blood alcohol content. We discuss penalties in more detail below.

What Court do you go to for drink driving or driving under the influence of drugs?

If you have been charged with drink driving or driving under the influence of drugs, you will be summoned to attend the Magistrates Court.

How to prepare for a DUI Court hearing

Professional legal support

You should contact a lawyer to get advice as soon as you receive a Summons to attend Court. It is really important to get quality advice and follow any legal advice you have been given if you are going to Court for DUI.

Character references

You should also gather some character references from either friends, family or your employer – essentially any party who can vouch for your good character. These references should be addressed to the Magistrate and refer specifically to the current DUI charges.

Written statement of explanation

You should also prepare a letter of remorse before going to Court for DUI, which serves to explain:

Any extenuating circumstance that explains why you drove under the influence of alcohol;
Whether you require a driver’s licence for work or care purposes;
Your income and expenses (to help the Court to determine a suitable fine); and
The reasons why the Court should believe that you will not drink and drive again.

DUI Court process: what to expect when going to Court for DUI

Going to Court for DUI can be very daunting. There are a few rules you should know. The following is a general guide and rundown of how Court for a drink driving matter would go. Please get in touch to speak to a lawyer for further information.

You must attend Court on the date you have been given. If you cannot make the date for sentence, the court may issue a warrant for your arrest, or seek an adjournment for a time that is available.

Court has a particular etiquette that must be followed, from dress to how you should address the presiding Magistrate. You should dress appropriately, a suit or business casual is preferable when going to Court for DUI. You must bow your head when you enter the Courtroom.

In a criminal matter such as this where you have been charged, the police are the Prosecution, and you are the Defendant. Once the Magistrate calls your matter, you will approach the bar table. It will be clear which side is for the Defendant. You should not speak directly to the Magistrate unless you have been asked to. The Magistrate should be addressed as ‘Your Honour’. The Magistrate will ask how you plead. You must directly answer the Magistrate with your response of either ‘guilty’ or ‘not guilty’.

If you have legal representation, your lawyer will be able to speak on your behalf. The police Prosecutor will read the facts onto the record. Your lawyer will hand up the relevant documentation for the Magistrate. Your lawyer will then begin to read their submissions, and advocate for you.

The Magistrate will read out the charge. You must stand when you are being sentenced.

Restricted Work Driver’s Licence in the ACT

In the ACT, there is a chance to be granted a restricted work driver’s licence. It is best to seek specific legal advice on this as there are particular circumstances and requirements which must be met.

Going to Court for DUI but need your licence for work? Please contact our experienced DUI lawyers on (02) 6189 2569 for advice and assistance with securing a Restricted Work Driver’s Licence.

Should I plead guilty to a DUI charge?

As driving under the influence of alcohol or drugs can be extremely dangerous to you and others, the Courts can impose severe penalties for DUI charges. However, in many circumstances pleading guilty can result in a reduced penalty.

Therefore, it is often advisable to reserve not-guilty pleas for the following situations:

You were not driving the vehicle;
You believe you were within the legal limit to drive;
The incident occurred on private property; or
You have reason to believe that there were problems with the way in which the police testing was performed or reported

Note that if you plan to plead not guilty, you will be required to build a strong legal case. In these circumstances, it is recommended that you seek the support of an experienced DUI lawyer who can explain your options to you and defend you in Court.

Can I go to jail for a DUI charge?

Yes it is possible to face imprisonment for a DUI charge, depending on the circumstances of the offence. In the ACT, DUI offences are categorised according to the alcohol concentration level recorded and the concentration limit that applies to the driver in question.

A first offence can result in nine months imprisonment and/or a fine of up to $2,400. If this is your first time charged with drink driving, your driver’s licence may be disqualified for up to three years.

Repeat drink driving offenders may be ordered to pay a fine of up to $3,200 and/or go to prison for 12 months. Your driver’s licence may also be disqualified for up to five years, and you may be issued an Immediate Suspension Notice. This Notice suspends your licence for up to 90 days.

If you are charged with driving under the influence of drugs, you risk losing your driver’s licence for a specified period of time and/or a significant fine. Repeat offenders may face imprisonment.

Do I need a lawyer if I’m going to Court for DUI charges?

While you are not legally required to hire a lawyer if going to Court for DUI charges, it is strongly recommended that you do so. By obtaining professional legal advice from an experienced drink driving lawyer, you can ensure that you understand your options, navigate the hearing effectively and secure a fair outcome.

Going to Court for DUI? Get trusted legal support today

BDN have experienced drink driving lawyers who can provide you with invaluable advice and strong representation in Court. Contact us today on (02) 6189 2569 for reliable legal services and support with going to Court for DUI in the ACT.

Rhonda Clifton

01:11 28 Jun 19

Richard Baker went above and beyond to assist me. My very grateful thanks to him.

Barbara Winkel

21:46 09 Mar 19

Ida was brilliant with our two conveyances. Went above and beyond when our bank moved too slowly. Wouldn't hesitate to recommend again!

Samantha B.

07:00 22 Mar 19

Prompt, professional and thorough. Thank you to the BDN Canberra staff.

Daniel Slegers

23:00 21 Apr 20

Richard, Diane and the team were amazing in guiding me through the workers compensation minefield. Always helpful and understanding and assisting in every way they could. Would highly recommend.

Barbara Causon

12:54 22 Apr 20

I cannot recommend Baker, Deane & Nutt highly enough. Richard Baker and Dianne Savage provide me with outstanding support during a recent compensation claim. They exceeded my expectations in terms of the result achieved in my case and were a pleasure to deal with. If you need a lawyer, give them a call.

David Post

02:16 30 Mar 20

I hired Baker Deane and Nutt to assist with purchasing a house in March 2020 and they went beyond and above the call of duty to ensure everything ran smoothly. My (un-named) bank had stuffed up, meaning they were not going to be able to provide the loan on settlement day. The team at BDN escalated it to the bank's head office and secured the loan on time. I highly recommend them!

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07:03 19 May 20

My family and I have been using Baker Deane and Nutt for approximately 30 years. I can attest to an easy to work with, professional, honest and wonderful team. Bill Baker and Ida Lam have made my law affairs a pleasant experience with ease of transparency and understanding. They are always quick to answer questions and deal with matters in a prompt and professional matter. I highly recommend working with Ida and Bill along with the rest of the Baker Deane and Nutt team.

Lee Constable

08:07 20 May 20

Richard and Dianne has been amazing and very supportive in the service they have provided us

Ben Day

04:09 05 Jun 20

Absolutely hands down the best lawyers in the business. Compassion, empathy and understanding. Professionals to the highest degree. I will never use anyone but baker dean and nutt again. Shout out to my solicitor Claire. Your the best !!!!

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12:33 09 May 22

Of great assistance handling estate procedures after the passing of my mum. Warm and thoughtful process. Very transparent in regards to charges and the kinds of services they were providing. I asked to take charge of some aspects of the estate administration in order to save money and they had no resistance. Would recommend!

Jaki Forbes

05:59 21 Mar 22

Baker Deane & Nutt just finished sorting out Probate for my late brother's estate, and I cannot speak highly enough of my experience of working with them. Richard's advice was practical and easy to understand and Diane Savage took most of the effort out of getting through the process from my shoulders. Diane, in particular, was superb throughout: helpful, professional, efficient, and a joy to deal with. To top it off their fees were lower than expected. Easy 5 stars from me. Highly recommend.

Renei Moussa

04:46 18 May 22

Amber was very Professional, made us feel very comfortable. Explained reasons of why we needed to meet with her, explained very clearly in a way for us to understand, as Guarantors, our responsibilities. We would recommend Baker Deane & Nutt Lawyers, as this is not the first time we have had dealings together.

Veronica Marsh

02:28 13 Apr 22

Baker Deane and Nutt lawyers have been professional, helpful, understanding and patient with my personal circumstances. Diane was my case contact, she is easy to approach, great to tall too and follows up with all my questions in a prompt professional manner. Richard talked me through every meeting and explained what was going tonhappen and make sure I understood before agreeing to anything. Thank you to the team, I would recommend you anytime.

Rene Garland

11:23 28 Jul 22

We cannot thank Teneika enough for the care and effort in supporting us through the settlement process of our property sale. Not only was everything seen to on the conveyancing front in an efficient and comprehensive way, the level of care and support offered to us to ensure the process was a positive experienece was second to none - Clear communication, amazing rapport and professional service. They advocated for our rights and best interest 100% of the time. We highly recommend Teneika and the team at Baker Deane and Nutt. This is the second time we have worked with the company and they will be our first point of call for any future property endevours!

CAROL MOORE

05:27 17 Aug 22

I have been dealing with various people at Baker, Deane and Nutt over the past 12 months for matters involving settling an estate and selling property. At all times the principals and staff were professional, friendly and extremely competent. Their clear advice and continuing communication with me made my job as executor very easy. I have already recommended the firm to others and will continue to use BD&N in the future. Many thanks to all but particularly to Richard, Diane and Tanieke.

Jesse B

00:12 16 Aug 22

Responded extremely quickly in my time of need. Definitely recommend and I'm thankful for their expertise🙏💯👌!