I’m a 40-year-old male and I was recently charged with DUI after several motorists reported my car slightly swerving on the highway between Queensland and the NSW Central Coast. I had been driving for five hours after my daughter’s wedding the previous night and realised I could not stay awake so pulled into a service station for a sleep. I was awoken about three hours later by police who had been given my number plate. I explained the situation but the officer said he could smell alcohol on my breath which was probably due to what I’d consumed at the wedding the previous night. He said I would be charged with DUI as too much time had elapsed for a roadside test. I’ve spoken to a few people who say I should defend the charge. It is coming up in court in a fortnight.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Graeme Morrison of Graeme Morrison Law, Wollongong NSW:
- You should never ‘cop it sweet’ if you feel you are not guilty of an offence.
- DUI is just as serious as a PCA and the penalties are just as stiff with not only a conviction and fine but also a minimum driving disqualification of six months.
- This is one case where it would be essential for you to hire a lawyer who specialises in this area of law.