Drug Driving
What is Drug Driving?
It is an offence to drive a vehicle with a prohibited drug in your oral fluid, blood or urine pursuant to section 111 Road Transport Act 2013.
Drug Driving can carry serious penalties, including disqualification of your licence and a criminal record.
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Our passionate traffic lawyers have experience representing clients charged with Drug Driving offences.
When to reach out to a traffic lawyer
Our expert traffic lawyers are available 24/7 to give you advice and put you in the best possible position to avoid serious penalties.
We understand that losing your licence carries serious consequences, and our aim is to achieve the best possible outcome for you and your family.
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FAQ
What do the police need to prove?
To be found guilty of ‘Drug Driving’, the prosecution must prove the following beyond reasonable doubt:
- You drove a motor vehicle or at least tried to put it in motion; and
- You had a prohibited drug in your oral fluid, blood or urine.
How does a Mobile Drug Test work?
You can randomly be stopped by police who will ask for your licence and submit you to a breat test for alcohol.
Following this, you may be asked to wipe an MDT test stick down your tongue to test for any prohibited drugs in your system.
If the test is positive, you will either be taken to a police station or a road side test bus to provide a saliva sample.
This sample will be sent to a laboratory for analysis.
Can I defend a Drug Driving charge?
Yes. Some available defences are:
- You were not driving or trying to;
- Where morphine was found in your blood or urine, and it was consumed for medicinal purposes;
- Police conducted a drug test on you while you were on your private property (ie your driveway);
- Honest and reasonable mistake of fact – that you were unaware that the drug was in your system (ie passive smoking or being spiked).
Should I attend the Traffic Offenders Program?
If you are pleading Guilty to a Drink Driving offence, it is very important to participate in a Traffic Offenders Program to increase your chances at receiving the best possible outcome.
Speak to our legal team for recommendations of approved courses to complete prior to your court date.
What if I consumed a drug days prior and was not impaired at the time?
With this particular offence, the police do not have to prove that your driving was impaired due to the presence of the prohibited drug in your system. Police merely have to prove that it was in your oral fluid, blood or urine.
Likewise, a court could not draw any inference on how impaired (or not) you were at the time of driving.
Am I suspended automatically by police if I test positive?
You will receive a ban from driving for 24 hours by the police if you have shown positive at a roadside test or saliva sample at a police station.
What is the maximum penalty for this offence?
For a first offence, the maximum penalty is a fine of $2,200. If convicted, the automatic disqualification period is 6 months, however if convinced, the magistrate can reduce to the minimum period of 3 months.
For a second offence, the maximum penalty is a fine of $3,300. If the court records a conviction, the minimum disqualification period is 6 months with the maximum being 12 months.
Is there any benefit to Pleading Guilty?
If you plead guilty at an early opportunity, you will receive a mandatory 25% discount on sentence.
This could decrease your amount of time off the road and criminal penalty.
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