Driving with any illegal drug in your system is against the law in New South Wales.
If a roadside drug test detects illegal drugs when a saliva sample is taken from you the test is repeated. If the test remains positive, you will be required to take further laboratory tests including blood tests or urine samples. You must also not drive during this period.
You will be charged by police with a drug driving offence if you are caught driving and the test confirms the presence of any of the following drugs in your oral fluid, blood or urine:
- cannabis (active THC)
- methylamphetamine (ice or speed)
- methylenedioxymethylamphetamine (MDMA or ecstasy)
- cocaine.
It is important to follow medical advice and the manufacturer’s instructions when taking prescription or over-the-counter medicines.
Penalty
If you receive a penalty notice fine for a first offence, the fine is $644 and a licence suspension of 3 months applies.
Court imposed penalty
First offence
- 6 month licence disqualification, which can be reduced to 3 months by the court
- Maximum court imposed fine $2,200
Second or subsequent offence
- 12 month licence disqualification, which can be reduced to 6 months by the court
- Maximum court imposed fine $3,300
What happens at Court?
You can either plead guilty or not guilty in court for a drug driving charge. If you plead not guilty the police will need to provide all the evidence before the hearing date.
