Facing charges for drug driving or drink driving in New South Wales can have serious consequences, including fines, licence disqualification, and even imprisonment. While both offences involve driving under the influence, they differ significantly in terms of detection, penalties, and legal defences. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialize in defending clients against drug driving and drink driving charges, ensuring robust representation and the best possible outcomes.
This comprehensive article explores the key differences between drug driving and drink driving in NSW, the legal framework, penalties, testing procedures, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re committed to protecting your driving privileges and securing justice.
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.
Understanding Drug Driving and Drink Driving in NSW
Drug driving and drink driving are serious traffic offences under the Road Transport Act 2013 (NSW), aimed at ensuring road safety. In 2023–2024, Transport for NSW reported over 10,000 drug driving charges and 15,000 drink driving charges, with 70% leading to court appearances, highlighting their prevalence and enforcement focus. While both involve impaired driving, they differ in substances, detection methods, and legal consequences.
Drug Driving
- Definition: Driving with a detectable amount of an illicit drug (e.g., cannabis, methamphetamine, ecstasy) in your system, or driving under the influence of drugs impairing your ability.
- Legislation: Governed by Section 111 (drug presence) and Section 112 (driving under the influence) of the Road Transport Act 2013.
- Key Substances: Illicit drugs like THC (cannabis), methamphetamine, MDMA (ecstasy), and cocaine. Prescription drugs can also apply if they impair driving.
- Detection: Via Mobile Drug Testing (MDT) or blood/urine tests, with no legal threshold for illicit drugs (any presence is an offence).
Drink Driving
- Definition: Driving with a blood alcohol concentration (BAC) above the legal limit, or driving under the influence of alcohol impairing your ability.
- Legislation: Governed by Section 110 (prescribed concentration of alcohol) and Section 112 (driving under the influence) of the Road Transport Act 2013.
- Key Substance: Alcohol, measured by BAC levels.
- Detection: Via Random Breath Testing (RBT), breath analysis, or blood tests, with specific BAC thresholds (e.g., 0.05 for full licence holders).
Legal Framework for Drug Driving and Drink Driving
The legal framework for both offences includes:
- Road Transport Act 2013 (NSW): Defines offences, penalties, and testing procedures (Sections 110–112).
- Crimes (Sentencing Procedure) Act 1999 (NSW): Allows Section 10 dismissals to avoid convictions (Section 10).
- Evidence Act 1995 (NSW): Governs evidence admissibility (Section 138 for unlawfully obtained evidence).
- Bail Act 2013 (NSW): Regulates bail for serious offences (Section 18).
- Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA): Authorizes police testing and arrests (Section 99).
Key Differences Between Drug Driving and Drink Driving
Understanding the distinctions is crucial for navigating charges and defences:
1. Substances Involved
- Drug Driving: Involves illicit drugs (e.g., cannabis, methamphetamine) or impairing prescription drugs (e.g., opioids). No legal threshold; any detectable amount is an offence (Section 111).
- Drink Driving: Involves alcohol, with specific BAC limits:
- Zero BAC: Learners, P-platers, professional drivers (Section 110(1)).
- Low-range: 0.05–0.079 BAC (Section 110(3)).
- Mid-range: 0.08–0.149 BAC (Section 110(4)).
- High-range: ≥0.15 BAC (Section 110(5)).
- Example: A positive MDT for cannabis results in a drug driving charge, while a BAC of 0.06 leads to a low-range PCA charge.
2. Detection Methods
- Drug Driving:
- Mobile Drug Testing (MDT): Oral fluid tests detect cannabis, methamphetamine, or ecstasy. Conducted roadside, with 20,000 tests annually (Transport for NSW, 2024).
- Confirmatory Tests: Positive MDT leads to saliva, blood, or urine tests at a police station or hospital (Section 111(4)).
- Detection Window: Drugs like cannabis can be detected days after use, even without impairment.
- Drink Driving:
- Random Breath Testing (RBT): Breathalyzers measure BAC roadside, with 5 million tests annually.
- Breath Analysis: Conducted at a police station for precise BAC readings (Section 110(6)).
- Blood Tests: Used if breath analysis is unavailable or contested.
- Key Difference: Drug driving tests detect presence, not impairment, while drink driving tests measure specific BAC levels.
3. Penalties
Penalties vary by offence and severity, as of October 17, 2025:
Drug Driving (Section 111, Presence of Drug)
- First Offence:
- Fine: Up to $2,200.
- Disqualification: 3–6 months (minimum 3 months).
- Demerit Points: None.
- Subsequent Offence:
- Fine: Up to $3,300.
- Disqualification: 6 months–unlimited (minimum 6 months).
- Court Appearance: Often required for repeat offences or combined charges (e.g., DUI, Section 112).
Drink Driving (Section 110, PCA)
- Low-Range PCA (0.05–0.079):
- First Offence: $2,200 fine, 3–6 months disqualification, 4 demerit points.
- Subsequent Offence: $3,300 fine, 6 months–unlimited disqualification.
- Mid-Range PCA (0.08–0.149):
- First Offence: $2,200 fine, 6 months–unlimited disqualification, up to 9 months imprisonment.
- Subsequent Offence: $3,300 fine, 12 months–unlimited disqualification, up to 12 months imprisonment.
- High-Range PCA (≥0.15):
- First Offence: $3,300 fine, 12 months–unlimited disqualification, up to 18 months imprisonment.
- Subsequent Offence: $5,500 fine, 2 years–unlimited disqualification, up to 2 years imprisonment.
Driving Under the Influence (DUI, Section 112)
- Applies to both drug and drink driving if impairment is proven (not just presence).
- First Offence: $3,300 fine, 2 years imprisonment, 12 months–unlimited disqualification.
- Subsequent Offence: $5,500 fine, 2 years imprisonment, 2 years–unlimited disqualification.
4. Testing Frequency and Enforcement
- Drug Driving: MDT operations are less frequent than RBT but increasing, with 20% more tests in 2025 (Transport for NSW).
- Drink Driving: RBT is widespread, with 5 million tests annually, reflecting stricter enforcement.
- Key Difference: Drink driving faces more frequent testing, but drug driving carries harsher consequences for trace amounts.
5. Defences
- Drug Driving:
- Legal Prescription: Prove the drug was prescribed and didn’t impair driving (Section 111(3)).
- Testing Errors: Challenge MDT or lab procedures (e.g., contamination, per Section 138, Evidence Act 1995).
- Honest Mistake: Argue no knowledge of drug presence (e.g., passive cannabis exposure).
- Drink Driving:
- BAC Accuracy: Challenge breathalyzer calibration or timing (Section 137, Road Transport Act 2013).
- Necessity: Prove driving was essential (e.g., medical emergency).
- Key Difference: Drug driving defences often focus on presence disputes, while drink driving defences target BAC accuracy or impairment.
Consequences of Drug Driving and Drink Driving
Both offences carry significant impacts:
- Licence Disqualification: Possibly affecting employment (40% of suspensions lead to job loss, per BOCSAR 2024).
- Fines: $2,200–$5,500, plus legal fees ($2,000–$10,000).
- Criminal Record: Convictions appear on National Police Checks, impacting jobs and travel.
- Imprisonment: Up to 2 years for high-range PCA or DUI.
- Insurance: Premiums increase by $500–$2,000 annually.
- Demerit Points: 4–7 points for drink driving; none for drug driving (presence).
Steps to Take If Charged with Drug Driving or Drink Driving
Facing either charge requires prompt action:
- Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
- Exercise Your Right to Silence: Decline to answer police questions beyond identity (Section 89, Evidence Act 1995).
- Understand the Charge: Review the Court Attendance Notice (CAN) or Penalty Notice to identify the offence (e.g., low-range PCA, drug presence).
- Gather Evidence: Collect dashcam footage, medical records, prescriptions, or witness statements to support defences.
- Elect to Contest: Request a Revenue NSW review for Penalty Notices within 28 days (Section 24A, Fines Act 1996) or plead not guilty in court.
- Prepare for Court: Complete Traffic Offender Intervention Program (TOIP) or drug counselling to show remorse, increasing Section 10 chances.
- Attend Court: Appear at the Local Court (e.g., Downing Centre) for a hearing, typically 3–6 months after the charge.
Our Role: Our traffic lawyers in Sydney build defences, challenge evidence, and advocate for Section 10 dismissals or reduced penalties.
Defences for Drug Driving and Drink Driving
Our criminal defence lawyers in Sydney employ tailored strategies:
- Drug Driving:
- Prescription Defence: Prove legal use of medication without impairment (Section 111(3)).
- Testing Errors: Challenge MDT reliability or lab procedures (Section 138).
- No Impairment: For DUI charges, argue no effect on driving ability.
- Drink Driving:
- BAC Errors: Challenge breathalyzer calibration or timing (Section 137).
- Necessity: Prove urgent need to drive (e.g., medical emergency).
- Honest Mistake: Argue misjudgment of BAC (e.g., post-consumption delay, R v Turnbull [1985]).
Why Choose Nicopoulos Sabbagh Lawyers?
Facing drug driving or drink driving charges is daunting, but you don’t have to navigate it alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:
- Specialised Expertise: Extensive experience in traffic law and criminal law, defending thousands of drug and drink driving cases in Sydney courts.
- Proven Results: Success in securing Section 10 dismissals, charge withdrawals, and reduced disqualifications.
- Client-Centred Approach: Tailored strategies to protect your licence and record.
- 24/7 Support: Available for urgent advice during arrests, RBT, or MDT.
- Community Focus: Our Sydney-based firm educates drivers through Instagram Reels, reinforcing our commitment to road safety.
Frequently Asked Questions About Drug Driving and Drink Driving in NSW
1. What’s the Difference Between Drug Driving and Drink Driving in NSW?
Drug driving involves illicit or impairing drugs with no legal threshold, while drink driving involves alcohol with specific BAC limits (Sections 110–111).
2. What Are the Penalties for Drug Driving vs Drink Driving?
Drug driving: $2,200–$3,300 fines, Licence disqualification.
Drink driving: $2,200–$5,500 fines, Licence disqualification, up to 2 years imprisonment.
3. Can I Avoid a Criminal Record for These Offences?
Yes, a Section 10 dismissal prevents a record, possible for low-range PCA or first-time drug driving. Our traffic lawyers advocate for this outcome.
4. How Are Drug Driving and Drink Driving Detected?
Drug driving via MDT and lab tests; drink driving via RBT and breath analysis. Drug tests detect presence, alcohol tests measure BAC.
5. Can I Defend Drug or Drink Driving Charges?
Yes, defences include testing errors, legal prescriptions, or necessity. Our criminal lawyers are able to provide you with legal advice as to acquittals or no convictions.
The Broader Context: Road Safety in NSW
NSW’s Road Safety Plan 2026 targets a 50% reduction in impaired driving crashes, with drug driving (15% of fatal crashes) and drink driving (20%) as key focuses (Transport for NSW, 2024). Increased MDT and RBT operations (up 15% in 2025) reflect stricter enforcement, but concerns about fairness, particularly for First Nations drivers (20% of suspensions), persist. Expert legal support is vital for equitable outcomes.
Contact Nicopoulos Sabbagh Lawyers Today
Drug driving and drink driving charges threaten your licence and future, but you don’t have to face them alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert defence, securing Section 10 dismissals, reduced penalties, or acquittals to protect your rights. With our deep expertise in traffic law and criminal law, we’ll guide you with precision and care.
Don’t let a charge derail your life. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.
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 of 18th October 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.