The laws with
respect to Drug Driving is embedded in the Road Transport Act 2013.
In the state of NSW, it is illegal to drive with the presence of an illicit
drug in your system.
A person who is
a driver, rider or even a supervising licence holder on a road or a road
related area in NSW can be directed to take one or more oral fluid tests. The
purpose of these tests is to detect the presence of illegal drugs which include
‘THC’, ‘Cocaine’ ‘Ice’, ‘Speed’, ‘Crystal Meth’,
‘Base’, ‘MDMA’ or even ‘Ecstasy.’
Did you know
that it is also an offence in NSW to drive with the presence of morphine in
your blood or urine?
The Testing Procedure.
An Oral fluid
test is usually conducted through the windrow of the vehicle. The person will
be asked to lick the Test Pad of the device and the result will appear in
approximately 5 minutes. If the test is positive, then the person will be
required to attend the police support vehicle or the police station where he or
she will provide the police with a (secondary test) further sample of oral
fluid, which will be tested using a different oral fluid screening device.
The Secondary
Test is different to the Preliminary Test as this test takes about 20 minutes. In the event that the result is positive then you will be
unable to drive for 24 hours. The remaining part of the saliva sample from this
test will be sent to the Division of Analytical Laboratories for testing. If
the Division of Analytical Laboratories find one or more illegal drugs in the
saliva sample, then the person who was tested will be given a Court Attendance
Notice for the Charge of ‘Driving with presence of an illicit drug.’
The remaining
portion of the saliva sample is stored in the Laboratory for 6 months. If a
person elects to dispute the test result, then he or she can apply for a
portion of the sample to be independently analysed by another laboratory at
their own expense.
Defences
Did you know
that it is a defence if the drug was prescribed by a medical practitioner and
if the drug was taken in accordance with that medical practitioner’s
prescription? If you have been charged with a Drug Driving related offence, it
is critical that you seek legal advice in relation to the offence, possible
penalties, whether there exist any defences or even to discuss whether your
appeal would have any Merit.
*This article
correctly reflects the Laws of NSW as at 16th
May 2022.
*It should be noted that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a