- Appeal Licence Suspension
- Drink Driving - DUI/PCA
- Drive Whilst Suspended
- Driving Whilst Disqualified
- Dangerous Driving Charges
- Drug Driving
- Furious Driving
- Habitual Offender Declarations
- Menacing Driving
- Negligent Driving Charges
- Predatory Driving
- Reckless Driving
- Speeding Offences
- Street Racing - Drag Racing
Drug Driving
It is an offence to operate a motor vehicle while under the influence of any drug or if there is a presence of any illicit drug in your oral fluid, blood or urine. Even if illicit drugs are consumed prior to the offence and your ability to operate a motor vehicle was not affected, you can still be charged with a drug driving office as some illicit drugs, such as marijuana, can remain in your system for up to 40 days.
Drug Driving Offences & Penalties
The penalties for Drug Driving are outlined in the table below:
|
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 |
Defences to a Drug Driving Charge
If you have been charged with a drug driving offence, do not assume you must simply plead guilty to the charge. You may be able to defend the charge for instance on one of the following grounds:
-
If the accused has a presence of morphine in their blood or urine they will have a defence available to them if the morphine was consumed for ‘medical purposes; or
-
The offence can be overturned on the basis of legal technicalities.
How can Prime Lawyers help me?
Our traffic lawyers have extensive experience in representing those who have been charged with drug driving offences. We will first advise you as to whether you should plead guilty to the charge or whether you have a viable defence. We will then appear with you at Court to advocate on your behalf.
Feel free to call us now on (02) 9521 2222 and speak with one of our traffic lawyers. You can also send your enquiry online now and we will call you shortly.