What is Driving Under the Influence?

Описание: What is a DUI (Driving Under the Influence)? What do police have to prove?

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Transcript:
Driving under the influence or DUI is different to standard drink driving or PCA offences, which require police to prove that your blood alcohol concentration was at a certain level, for example 0.05 for low range, 0.08 for mid-range, or 0.15 for high range. DUI charges do not require proof that you had a specific concentration of alcohol in your system. Rather police must prove that you drove a vehicle or a supervised a learner driver and at the time of driving you were actually affected by alcohol or drugs. Now the charge is usually based on observations about your driving, or your actions, or your demeanour, rather than a breath or drug test. It's often charged when there has been a collision that you are responsible for, and it may arise when procedures for PCA are not complied with. For example, if you are not breath tested within two hours after driving or if you have already parked at your home. It's what's called a strict liability offence, which means police do not have to prove that you intended to drive while affected, or that you were reckless to that possibility, just that you were affected by alcohol or drugs when you drove. And it's what's called a summary offence, which means it stays in the local court it does not go up to the district or supreme court.