Being
charged with drug driving or driving with the presence of an
illicit substance in NSW can have serious consequences, from fines and
licence disqualification to a criminal record. At Nicopoulos Sabbagh Lawyers,
our criminal defence lawyers in Sydney, NSW, specialise in defending
clients against these charges. Whether you’re considering pleading not
guilty or pleading guilty, we’re here to provide expert
guidance and fight for the best possible outcome. In this comprehensive guide,
we’ll explain what a drug driving charge entails, the penalties involved, the
implications of pleading guilty or not guilty, and how our drug driving
lawyers can help you protect your future.
What is Drug Driving in NSW?
In
NSW, drug driving offences are governed by the Road Transport Act 2013 (NSW),
specifically Section 111, which makes it illegal to drive a vehicle with
certain illicit substances in your system. The most common charge is driving
with the presence of an illicit substance, which applies if a roadside drug
test detects substances like:
• Cannabis (THC)
• Methamphetamine (speed or ice)
• MDMA (ecstasy)
• Cocaine
Unlike
alcohol-related offences, this charge doesn’t require proof that your driving was impaired—merely the presence of
the substance in your oral fluid, blood, or urine is enough. Police use
roadside saliva tests to detect drugs, and a positive result typically leads to
a laboratory test to confirm the substance.
A
related but more serious offence is driving under the influence of drugs (DUI)
under Section 112, which applies if your driving ability was impaired by
drugs (illicit or prescription). This article focuses primarily on the presence
of illicit substance charge, as it’s one of the most common drug
driving offences in NSW.
Because
these charges carry significant penalties, consulting a criminal lawyer in
Sydney is crucial to understanding your options and building a strong
defence.
Penalties for Drug Driving in NSW
The
penalties for driving with the presence of an illicit substance (Section
111) depend on whether it’s your first offence or a second or
subsequent offence within five years. Here’s a breakdown:
• First Offence:
•
Maximum fine of $2,200 (20 penalty units).
•
Automatic licence disqualification for 6 months (minimum 3 months).
•
No imprisonment (unless combined with other charges).
• Second or Subsequent Offence:
•
Maximum fine of $3,300 (30 penalty units).
•
Automatic licence disqualification for 2 years (minimum 6 months).
•
Possible imprisonment if aggravating factors are present.
If
charged with driving under the influence of drugs (Section 112),
penalties are harsher:
• First Offence: Up to 18 months
imprisonment, $3,300 fine, and 3-year disqualification (minimum 12 months).
• Second or Subsequent Offence: Up to 2 years
imprisonment, $5,500 fine, and 5-year disqualification (minimum 2 years).
A
conviction can also result in a criminal record, affecting employment, travel,
and insurance. However, the court may grant a Section 10 dismissal or
conditional release order under the Crimes (Sentencing
Procedure) Act 1999, allowing you to avoid a conviction and licence
disqualification. At Nicopoulos Sabbagh Lawyers, our traffic lawyers
in Sydney have a strong track record of securing the best outcomes for
clients, including non-conviction outcomes, helping clients preserve their
driving privileges and reputations.
Pleading Guilty to a Drug Driving Charge
Choosing
to plead guilty means you accept the charge, which can be a
practical decision if the evidence—such as a confirmed lab test—is strong. Pleading
guilty can also demonstrate remorse, potentially leading to a more lenient
penalty. Here’s what you need to know:
Benefits of Pleading Guilty
1. Sentencing Discount: An early guilty plea can
reduce your penalty by up to 25%, as it shows remorse and saves court
time. The discount decreases for later pleas.
3. Non-Conviction Orders: Even after pleading guilty,
you may be eligible for a Section 10 dismissal or even a Conditional
Release Order without Recording of a Conviction, meaning no fine,
disqualification, or criminal record. This is particularly important if you
rely on your licence for work or family responsibilities.
4. Quicker Resolution: Pleading guilty avoids the
stress and uncertainty of a defended hearing, allowing you to resolve the
matter faster.
How We Support Guilty Pleas
At Nicopoulos
Sabbagh Lawyers, we go beyond simply entering a plea. We request the
following documentation from you prior to proceedings in your matter including:
• Character references to showcase your positive
contributions to the community.
• A letter of apology or affidavit detailing the
circumstances and your commitment to change.
• Evidence of hardship, such as proof that a
disqualification would impact your job or dependents.
• Completion of a Traffic Offender Intervention Program,
which can demonstrate rehabilitation and reduce your penalty.
Our Sydney
criminal lawyers regularly appear in Local Courts across NSW,
including Downing Centre, Blacktown, Bankstown and Liverpool.
Pleading Not Guilty to a Drug Driving Charge
If you
believe you’re innocent or the prosecution’s case is weak, pleading not
guilty may be the best option. By pleading not guilty, your case
proceeds to a defended hearing, where the prosecution must prove beyond
reasonable doubt that an illicit substance was present in your system while you
were driving. Here’s how it works:
Defences to Drug Driving Charges
Several
defences can lead to a not guilty verdict or the charge being withdrawn. Common
defences include:
1.
No Illicit Substance Present: if applicable you can challenge the
accuracy of the roadside or lab test, especially if there’s evidence of
contamination or procedural errors.
2. Invalid Testing Procedures: If applicable, this is
when police don’t follow strict protocols for collecting or analysing samples,
the evidence may be inadmissible.
3. Mistaken Identity: if applicable, if you weren’t
driving at the time of the alleged offence, we can dispute the prosecution’s
evidence.
4. Passive Exposure: if applicable, you may argue
that the substance was detected due to unintentional exposure (e.g., being in a
room where cannabis was smoked) rather than deliberate use.
5. Timing of Consumption: If the substance was
consumed after you stopped driving but before the test, this could negate the
charge.
The Defended Hearing Process
At a
defended hearing, both sides present evidence, and witnesses (such as police
officers) may be cross-examined. Our criminal defence lawyers in Sydney will
carefully review police reports, test results, and bodycam footage to identify
possible weaknesses in the prosecution’s case.
If the
court finds you not guilty, the charge is dismissed, and you face no penalties
or criminal record.
Why Choose Nicopoulos Sabbagh Lawyers?
A drug
driving charge can disrupt your career, finances, and personal life.
At Nicopoulos Sabbagh Lawyers, we’re dedicated to helping you navigate
these challenges with confidence. Here’s why clients across Sydney, NSW, trust
us:
• Specialised Expertise: Our team has extensive
experience defending drug driving charges and other traffic
offences in NSW courts.
• Tailored Strategies: We take the time to understand
your situation and design a defence that aligns with your goals.
• Proven Success: We’ve secured many Section 10 dismissals, conditional release
Orders without Conviction outcomes, acquittals, and reduced penalties for
clients facing drug driving charges.
• 24/7 Support: Legal issues can arise at any time,
and our team is always available to provide advice and reassurance.
Steps to Take After a Drug Driving Charge
Whether
you’re pleading guilty or not guilty, early preparation is key. Here’s how to
get started:
1. Seek Legal Advice Immediately: Contact Nicopoulos
Sabbagh Lawyers for a free initial consultation to explore
your options.
2. Gather Evidence: Collect any documents, witness
statements, or footage that could support your defence.
3. Enrol in a Traffic Program: If pleading guilty,
completing a Traffic Offender Intervention Program can strengthen
your case for leniency.
4. Document Hardship: Provide evidence of how a
conviction or disqualification would affect your employment, family, or
wellbeing.
Contact Nicopoulos Sabbagh Lawyers Today
A drug
driving charge doesn’t have to define your future. At Nicopoulos
Sabbagh Lawyers, our criminal lawyers in Sydney are committed
to protecting your rights and securing the best outcome, whether that’s a not
guilty verdict, a non-conviction order, or a reduced penalty. With our
expertise and dedication, you can face your charge with confidence.
Don’t
let a drug driving offence derail your life. Call us today on 0427 101 499 or
02 9793 7016 or visit our website to book a free consultation. Let Nicopoulos
Sabbagh Lawyers fight for you while you focus on moving forward
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Traffic Lawyers to
represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for
Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book
your first Free Consultation today!
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 at 14th March 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
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relationship.