CAN YOU DRIVE AFTER TAKING PRESCRIPTION MEDICATION IN NSW?

Driving under the influence of prescription medication in New South Wales (NSW) is a complex issue that raises significant legal and safety concerns. While prescription medications are legally prescribed to treat medical conditions, certain drugs can impair your ability to drive safely, potentially leading to charges under NSW traffic laws. A conviction for driving under the influence of drugs (DUI) or related offences can result in hefty fines, licence disqualification, imprisonment, and a criminal record, impacting your employment, travel, and personal life. Understanding the legal boundaries, penalties, and defences is crucial for drivers taking prescription medication. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against drug driving charges in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are committed to achieving the best possible outcome in NSW courts, whether through challenging charges or securing non-conviction outcomes.

In this comprehensive guide, we explore whether you can drive after taking prescription medication in NSW, detailing the legal framework, permissible and prohibited medications, penalties, detection methods, defences, court processes, and practical steps to take if charged.

Please note 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 client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Legal Framework for Driving with Prescription Medication in NSW

Driving after taking prescription medication is governed by the Road Transport Act 2013 (NSW), specifically section 111 (driving with illicit drugs) and section 112 (driving under the influence of drugs). While section 111 targets illicit drugs like THC, methylamphetamine, MDMA, and cocaine, section 112 applies to any drug—prescription or otherwise—that impairs your driving ability. The Road Safety Plan 2021 has intensified enforcement through mobile drug testing (MDT), with NSW Police conducting over 200,000 tests annually to detect drug-related driving offences.

The key legal question is whether the prescription medication impairs your ability to drive safely. Unlike drink driving, which uses specific blood alcohol concentration (BAC) thresholds (section 110), drug driving laws under section 112 focus on impairment, assessed through police observations or lab tests. Prescription medications are not explicitly prohibited unless they affect your driving, but certain medications can trigger charges if they contain substances similar to illicit drugs or cause noticeable impairment.

Key Legislation:

• Section 111, Road Transport Act 2013: Prohibits driving with specified illicit drugs in your system, but does not apply to most prescription medications unless they mimic illicit substances (e.g., some opioids).
• Section 112: Prohibits driving under the influence of any drug that impairs control, including prescription medications.
• Section 18E: Refusing a drug test is an offence, with penalties mirroring DUI.
• Section 10, Crimes (Sentencing Procedure) Act 1999: Allows non-conviction outcomes like section 10 dismissals for minor offences.

Enforcement: NSW Police use roadside MDT under section 18B to detect illicit drugs, but blood or urine tests may identify prescription medications if impairment is suspected.

Example: A driver taking prescribed codeine is stopped for erratic driving and charged with DUI (section 112) after a blood test confirms impairment.

Can You Legally Drive After Taking Prescription Medication?

The legality of driving after taking prescription medication depends on:

1. The Type of Medication: Whether it impairs driving or contains substances detectable in drug tests.
2. Your Impairment Level: Whether the medication affects your ability to control the vehicle.
3. Compliance with Medical Advice: Following your doctor’s or pharmacist’s instructions on driving restrictions.

Medications That May Affect Driving

Certain prescription medications can impair driving due to side effects like drowsiness, dizziness, or reduced reaction times. The below is NOT an exhaustive list and having regard to this, some common categories include:

• Opioids: Codeine, oxycodone, or morphine (e.g., for pain relief).
• Benzodiazepines: Diazepam, temazepam (e.g., for anxiety, insomnia).
• Antidepressants: Some tricyclics like amitriptyline.
• Antihistamines: Sedating types like promethazine (e.g., for allergies).
• Antipsychotics: Medications like quetiapine that cause sedation.
• Medical Cannabis: Prescribed THC-containing products, detectable in MDT as illicit cannabis.

Legal Considerations:

• No Impairment: You can drive if the medication does not affect your ability to control the vehicle, as assessed by a doctor or pharmacist.
• Impairment Present: Driving while impaired by any prescription medication risks a DUI charge under section 112.
• Detectable Substances: Medications like codeine or medical cannabis may trigger positive MDT results, leading to further testing or charges, even if prescribed.

Medical Advice: Always consult your prescribing doctor or pharmacist about driving restrictions. Labels like “Do not drive” or “May cause drowsiness” indicate potential risks. If advised not to drive, doing so could be deemed negligent, increasing liability if an accident occurs.

Penalties for Driving Under the Influence of Prescription Medication

Penalties for driving while impaired by prescription medication fall under section 112 (DUI), as most prescription drugs are not covered by section 111 (illicit drugs). Penalties vary by offence history, as of August 22, 2025 (one penalty unit = $110).

DUI (Drugs, Including Prescription Medication)

• First Offence:
  • Maximum Fine: $3,300 (30 penalty units).
  • Maximum Imprisonment: 18 months.
  • Licence Disqualification: Automatic 3 years (minimum 12 months).
• Subsequent Offence (within 5 years):
  • Maximum Fine: $5,500 (50 penalty units).
  • Maximum Imprisonment: 2 years.
  • Licence Disqualification: Automatic 5 years (minimum 2 years).

Refusal to Test (Section 18E)

• First Offence: $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months).
• Subsequent Offence: $5,500 fine, 2 years imprisonment, 5-year disqualification (minimum 2 years).

Additional Consequences

• Immediate Suspension: Police may suspend your licence on the spot (section 224).
• Criminal Record: Convictions remain for 10 years (3 for juveniles) unless spent (Criminal Records Act 1991).
• Employment Impact: Job loss for professional drivers (e.g., taxi, truck) requiring a Driver Authority (Passenger Transport Act 1990).
• Insurance Issues: Higher premiums or policy denials.
• Travel Restrictions: Countries like the USA may deny entry for criminal convictions.
• Vehicle Impoundment: Police may seize your vehicle (section 239).
• Civil Liability: Causing an accident while impaired risks lawsuits (Civil Liability Act 2002).

Sentencing Considerations: Courts apply section 21A, Crimes (Sentencing Procedure) Act 1999, weighing aggravating factors (e.g., accident, high impairment) and mitigating factors (e.g., remorse, Traffic Offender Intervention Program (TOIP) completion, $150–$200).

Example: A first-time offender charged with DUI for oxycodone impairment faces a $2,500 fine, 12-month disqualification, and a criminal record unless a section 10 is granted.

Detection Methods for Prescription Medication Offences

NSW Police use several methods to detect drug-impaired driving:

• Mobile Drug Testing (MDT): Roadside oral fluid tests under section 18B target illicit drugs (THC, methylamphetamine, MDMA, cocaine). Some prescription drugs (e.g., medical cannabis, certain opioids) may trigger positive results, leading to blood/urine tests.
• Police Observations: Officers assess impairment through signs like erratic driving, slurred speech, or dilated pupils, leading to a DUI charge (section 112).
• Blood/Urine Tests: If impairment is suspected, police may require lab tests to identify prescription drugs (section 18D). Refusal is an offence (section 18E).

Process: A driver stopped for swerving undergoes an MDT, tests positive for a prescribed opioid, and faces a DUI charge after blood tests confirm impairment.

Note: MDT does not distinguish between illicit and prescribed drugs like THC, requiring legal evidence of a valid prescription.

Defences to Drug Driving Charges Involving Prescription Medication

A Sydney criminal defence lawyer can raise defences to challenge charges if applicable:

1. No Impairment: The medication did not affect your driving ability, supported by medical evidence (section 112).
2. Valid Prescription: The drug was legally prescribed, and you followed medical advice (relevant for MDT positives, e.g., medical cannabis).
3. Unlawful Testing: MDT or blood tests were conducted improperly (section 18B or section 36, LEPRA).
4. Necessity/Duress: Driving to avoid harm or under coercion.
5. Mistake of Fact: You reasonably believed the medication did not impair you (section 9, Criminal Procedure Act 1986).
6. Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

A successful defence can lead to a dismissal or section 10, avoiding a criminal record.

Example: A driver on prescribed codeine proves no impairment with medical evidence, securing a dismissal.

Steps to Take if Charged with a Prescription Medication Offence

1. Remain Calm: Cooperate with police but avoid admissions.
2. Cease Driving: Stop if impaired or suspended (section 224).
3. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499.
4. Gather Evidence: Collect prescriptions, medical reports, and TOIP certificates.
5. Complete TOIP: Enrol in the Traffic Offender Intervention Program ($150–$200).
6. Decide on Plea: Plead guilty for mitigation or not guilty to contest.
7. Attend Court: Present your case with lawyer support in the Local Court.
8. Appeal if Necessary: Challenge in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).

Court Process for Prescription Medication Charges

Cases are typically summary matters in the Local Court:

1. Arrest or CAN: Police issue a Court Attendance Notice or arrest you (section 99, LEPRA).
2. Bail Application: If arrested, a lawyer applies for bail (Bail Act 2013).
3. Court Mention: Enter a plea. Guilty pleas proceed to sentencing; not guilty pleas schedule a hearing.
4. Hearing or Sentencing:
   1. Not Guilty: The court reviews evidence (e.g., blood tests, police observations).
   1. Guilty/Convicted: The magistrate considers section 10 or imposes penalties.
5. Appeals: Challenge in the District Court within 28 days.

How to Safely Drive with Prescription Medication

• Consult Your Doctor/Pharmacist: Confirm if the medication affects driving.
• Follow Warnings: Adhere to labels like “Do not drive.”
• Monitor Effects: Avoid driving if you experience drowsiness or dizziness.
• Carry Prescriptions: Proof of legal use can support defences.
• Use Alternatives: Arrange public transport or rideshares if impaired.

How a Sydney Traffic Lawyer Helps

At Nicopoulos Sabbagh Lawyers, we:

• Assess Defences: Evaluate prescription validity and impairment evidence.
• Gather Evidence: Compile medical reports, TOIP certificates, and references.
• Negotiate Pleas: Reduce charges or secure dismissals.
• Secure Non-Convictions: Advocate for section 10 dismissals or CROs.
• Navigate Courts: Manage cases amidst the Downing Centre closure.
• Appeal Outcomes: Challenge penalties in the District Court.

Example: We secured a dismissal for a driver on prescribed morphine, proving no impairment.

Why Choose Nicopoulos Sabbagh Lawyers?

We offer:

• Specialised Expertise: In-depth knowledge of the Road Transport Act 2013.
• Proven Results: Securing dismissals and non-conviction outcomes.
• Ethical Representation: Adhering to Legal Profession Uniform Law (NSW).
• Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or www.nslaw.net.au.

Conclusion

Driving after taking prescription medication in NSW is legal if the drug does not impair your ability, but charges under section 112 can arise if impairment is detected. With penalties including fines up to $5,500 and disqualification up to 5 years, expert legal representation is essential. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide dedicated support to defend your case. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for assistance.

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GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court. 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

_{*This article correctly reflects the Laws of NSW as of 25^th August 2025.}

_{*Please note 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 client-lawyer relationship}