In recent times the New South Wales Police force have been given wider powers and more resources to drug test drivers and as a result it has become ‘easier’ to be charged with a drug driving offence.
It is an offence in New South Wales to drive a motor vehicle whilst there is a presence of an illicit drug in your oral fluid, blood or urine. It is also an offence to drive a vehicle while under the influence of any drug.
If you are charged with driving with the presence of an illicit drug, it is irrelevant whether your driving has been effected by the illicit drug in your system. This means that if you consume for instance marijuana, as this drug stays in your system for up to 40 days, you can be charged for drug driving well after you consumed the drug as long as a positive result is shown on an oral drug test, blood drug test or urine drug test even if the drug has not affected your driving capabilities.
Offences and Penalties for drug driving
There are a number of drug driving offences. They are listed below as well as the penalties that apply to each offence.
|
OFFENCE
|
PENALTIES
|
FIRST OFFENCE
|
SECOND OR SUBSEQUENT OFFENCE
|
|
Drive under the influence of alcohol or another drug.
|
Maximum court imposed fine
|
$2,200
|
$3,300
|
|
|
Maximum gaol term
|
9 months
|
12 months
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
6 months
Unlimited
12 months
|
12 months
Unlimited
3 years
|
|
Drive with the presence of any of the following drugs in oral fluid, blood or urine:
-Active THC (Cannabis);
-Methylamphetamine (Speed/ice); or
-MDMA or ‘ecstasy'.
|
Maximum court imposed fine
|
$1,100
|
$2,200
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
3 months
6 months
6 months
|
6 months
Unlimited
12 months
|
|
Drive with the presence of any of the following drugs in blood or urine:
-Morphine (unless proven for medicinal use)
-Cocaine
|
Maximum court imposed fine
|
$1,100
|
$2,200
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
3 months
6 months
6 months
|
6 months
Unlimited
12 months
|
|
Refuse to provide oral fluid sample.
OR
Refuse or fail to submit to providing a blood sample when unable to provide an oral fluid sample.
|
Maximum court imposed fine
|
$3,300
|
$5,500
|
|
|
Maximum gaol term
|
N/a
|
18 months
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
6 months
Unlimited
3 years
|
12 months
Unlimited
5 years
|
|
Willfully introduce or alter the amount of a drug in oral fluid or blood after being required to provide an oral fluid or blood sample.
|
Maximum court imposed fine
|
$3,300
|
$5,500
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
6 months
Unlimited
3 years
|
12 months
Unlimited
5 years
|
|
Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash.
OR
Willfully introduce or alter the amount of a drug in blood or urine after involvement in a fatal crash.
|
Maximum court imposed fine
|
$3,300
|
$5,500
|
|
|
Maximum gaol term
|
18 months
|
2 years
|
|
|
Disqualification
-minimum
-maximum
-automatic
|
6 months
Unlimited
3 years
|
12 months
Unlimited
5 years
|
Defending a charge of drug driving
There are a number of defences to some of the offences as outlined above:
-
For the offence relating to presence of morphine in a person’s blood or urine it is a defence if the morphine was caused by the consumption of a substance for ‘medical purposes’.
-
Challenging the legitimacy of the charge on legal technicalities.
How can Prime Lawyers help?
Our traffic law team have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a drug driving offence we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge we can advise you of your chances of successfully defending the matter. Our traffic lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.
Please contact our firm on (02) 9521 2222 to speak with one of our traffic lawyers today. Alternatively send your enquiry online now and we will contact you shortly.