Drug Driving
Presence of Prescribed Illicit Drug in Oral Fluid/blood/urine
This offence is governed by section 111(1) of the Road Transport Act 2013.
This section provides:
A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:
- drive a motor vehicle; or
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion; or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
Police Can Charge You With a Drug Driving Offence
if a roadside drug test detects illegal drugs in your system. The roadside drug test takes a saliva sample and the test can occur at roadside random drug testing or if you are stopped by police.
The roadside drug test takes a saliva sample and can detect the presence of:
- cannabis
- ecstasy or MDMA
- cocaine
- methamphetamine (ice or speed).
Penalty
If you receive a penalty notice you will also receive a notice of suspension from Transport NSW that suspends your licence for a period of three months.
If you receive a Court Attendance Notice or elect to take the matter to court and a conviction is recorded, the maximum penalty is:
If you are a first offender:
- fine of $2,200;
- automatic licence disqualification of 6 months which can be reduced to 3 months.
- fine of $3,300;
- automatic licence disqualification of 12 months which can be reduced to 6 months.