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ARTICLE · 28 MARCH 2023

Driving under the influence

JB Solicitors
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DUI offences in NSW & the penalties.

AustraliaCriminal Law
John Bui
John Bui
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DUI OFFENCES NSW

Section 112(1) of the Road Transport Act 2013 (NSW) ("the Act") refers to the offence of the use or attempted use of a motor vehicle under the influence of alcohol or any other drug.

Section 112(1) states:

  • A person must not, while under the influence of alcohol or any other drug:
    1. Drive a motor vehicle; or
    2. Occupy the driving seat of a motor vehicle and attempt to put the vehicle in motion; or
    3. If the person is the holder of an applicable driver license (other than an applicable provisional licence or applicable learner licence) occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle.


Some useful definitions for this offence include:

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