In the state of NSW, it is an offence to Drive with the
presence of an illegal drug in your system. There are a range of penalties
which could apply, and they include any of the following:
·
Suspension
of a Driver’s licence; or
·
Disqualification
of a Driver’s Licence
·
Heavy
fines
·
Term of
Imprisonment.
Police in NSW can charge a person with a drug driving offence
if a person is detected (via a roadside drug test) to have illegal drugs in
their system. A saliva sample is taken from the roadside drug test and the test
can occur at a random roadside drug testing unit or if you are stopped by
police. It should be noted that the Roadside drug test can detect the presence
of the following from the saliva sample:
·
Cocaine
·
Ecstasy
or MDMA
·
Cannabis
·
Methamphetamine
(ice or speed)
In the event that (any)
illegal drugs are detected, then the test will be repeated and in the event
that the test result is still positive then you will be required to take an
additional test at the laboratory including urine samples or blood tests. It
should be noted that you must NOT drive whilst waiting for the test results.
If the tests (once again) confirm the presence of any
illegal drugs, you will then be charged with a drug driving offence.
|
Penalty |
First
offence |
Second (or subsequent offence) |
|
Penalty/Infringement
Notice (Fine) |
$603 |
N/A |
|
Licence Suspension
(if offence is dealt with through a penalty notice) |
3 months |
N/A |
|
Maximum
Court imposed Fine |
$2200 |
$3300 |
|
Minimum Licence Disqualification |
3 months |
6 months |
|
Maximum Licence Disqualification |
6 months |
Unlimited |
|
Automatic Licence Disqualification (a disqualification period that
applies in the absence of a specific court order) |
6 months |
12 months |
Driving Under the Influence (DUI)
It should also be noted that you can be charged with the offence
of ‘Driving under the influence (DUI) in the event that
you are driving whilst affected by illegal or prescription drugs or alcohol as
Drugs can be tested through the urine and blood test results which are ordered
in the event that a police officer has a ‘reasonable suspicion’ that a driver
of a vehicle is under the influence of a drug(s).
Below is the list of penalties which apply
for first, second (or subsequent) offences:
|
Penalty |
First
offence |
Second (or
subsequent offence) |
|
Maximum
Court imposed Fine |
$3300 |
$5500 |
|
Maximum
term of Imprisonment |
18 months |
2 years |
|
Minimum Licence Disqualification |
12 months |
2 years |
|
Maximum Licence Disqualification |
Unlimited |
Unlimited |
|
Automatic
disqualification (a disqualification period that applies in the absence of
a specific court order) |
3 years |
5 years |
|
Subject to
an alcohol interlock order |
Yes
(alcohol offences only) |
Yes
(alcohol offences only) |
For more information, please be sure to
visit the government website which will provide you with a wealth of knowledge
in relation to this topic and many other interesting topics!
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 Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 18th October 2022.
*Please
note that this page or any other pages on our website (including any other
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