Drugs can be detected in your system for a long time after you use them. How long they stay in your system can depend on the type of drug, how much you took, how often you use it, and other personal factors.
In NSW, it is against the law to drive with the presence of any illegal drug in your system.
NSW police often conduct mobile drug testing (MDT) on drivers. The test can occur at roadside random drug testing, or if you are stopped by police. They use a saliva swab and drug screening equipment.
If illegal drugs are detected, the test will be repeated. If the test is still positive, you will be required to take additional laboratory tests including blood tests or urine samples. These test results can take longer to process than a saliva test. You must not drive while waiting for the test results.
If the test confirms the presence of illegal drugs, you will be charged with a drug driving offence.
You may be charged with:
These are the most common drug-related driving offences – if you have a different offence, or a combined offence you should speak to a lawyer.
NSW Police can drug test drivers who are under the influence of alcohol. If you are over the alcohol limit and also test positive for drugs, you may be charged with a combined drug/alcohol offence. The penalties for combined offences are much higher. See the penalty tables in this brochure.
For more information on drink driving see Drink driving charges and you.
If your offence is ‘driving with an illicit drug present in your system’ and this is your first alcohol or other drug related driving offence in the past five years, instead of receiving a notice to attend court, the police can give you a fine and licence suspension. This will mean that you do not have to go to court.
If you admit the offence, you should pay the fine, or make arrangements to deal with the fine before the due date. Once the fine is paid, or an overdue fine notice is issued, Transport for NSW will suspend your licence for three months. You should receive a notice in the mail telling you when the suspension starts.
You can lodge an appeal against your suspension at the Local Court. You must lodge the appeal within 28 days of receiving notice of your licence suspension. There may be a fee for this appeal. If you are on a Centrelink payment or experiencing financial hardship, ask if this fee can be waived.
The court will not decide your appeal straight away. The appeal will be listed before a magistrate, usually at least 28 days after you have lodged the appeal. The court must be satisfied that there are exceptional circumstances before it can lift or vary your suspension
If you are thinking of lodging an appeal, it is a good idea to get legal advice about whether your circumstances are exceptional and what to prepare to support your appeal.
You have the option to dispute the fine and for your matter to be heard by a court. The fine notice gives you information on how to do this.
You should get legal advice before asking to have your matter dealt with by the court. If you choose to go to court, once the court attendance notice is issued you cannot change your mind. The court attendance notice can be issued very quickly – sometimes within 24 hours of the application.
Before you decide to dispute the fine in court you should consider the following:
If you are going to take the matter to court, you should do this before the due date of your fine. If an overdue fine notice has been issued you can still apply, however you must prove that you were prevented from paying or managing your fine before the due date. This is called hindrance. You must supply supporting evidence, such as medical or travel documents.
Written references from people who can talk about your good character may help your case. They should be addressed to the magistrate, and the people writing them should say they know about the charges you are in court for.
For more information see Character References.
Write a letter to the magistrate, or make notes of what you will say in court. The court will consider what you say when it decides what penalty to give you
You should consider these things:
You should also explain:
Local Courts have a special program called the Magistrates Early Referral Into Treatment Program (MERIT). Adult defendants with drug problems can volunteer to work towards rehabilitation.'
The program takes about 12 weeks to complete. You can ask the magistrate to refer you to the MERIT program and adjourn your case so they can assess if you are suitable to take part in it. If you are, your case will be adjourned so you have time to complete the program.
The court will get a report about your progress. If you make positive progress on the program this will help you when the court sentences you.
Table 1: Drug related driving offences | |||||||||
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Offences | Penalties | ||||||||
Provision of Road Transport Act 2013 | 1st offences | 2nd and subsequent offences | |||||||
Maximum fine | Maximum gaol | Automatic disqualification | Minimum disqualification | Maximum fine | Maximum gaol | Automatic disqualification | Minimum disqualification | ||
s.112(1)(a) | Driving under the influence of alcohol or other drug | $3,300 | 18 months | 3 years | 12 months | $5,500 | 2 years | 5 years | 2 years |
s.111 | Drive with illicit drug in oral fluid, blood or urine | $2,200 | Nil | 6 months | 3 months | $3,300 | Nil | 12 months | 6 months |
Schedule 3 Cl. 16(1)(c) or 16(1)(d) | Refuse to submit to oral fluid or sobriety test | $1,100 | Nil | At the discretion of the court | $1,100 | Nil | At the discretion of the court | ||
Schedule 3 Cl. 17(1)(a) or 17(1)(b) | Refuse to submit to taking of blood or oral fluid sample | $3,300 | Nil | 3 years | 6 months | $5,500 | 18 months | 5 years | 12 months |
Schedule 3 Cl. 17(1)(c) | Refuse to submit urine sample | $3,300 | 18 months | 3 years | 6 months | $5,500 | 2 years | 5 years | 12 months |
Schedule 3 Cl. 17(2) | Prevent taking of blood sample | $3,300 | 18 months | 3 years | 12 months | $5,500 | 2 years | 5 years | 2 years |
Table 2: Combined drink drug driving - 1st offence | ||
---|---|---|
Penalties | 1st offence Mid-range + illicit drug presence | 1st offence High-range + illicit drug presence |
Immediate licence suspension | Yes | Yes |
Max court fine | $3,300 (30 penalty units) | $5,500 (50 penalty units) |
Max prison term | 18 months | 24 months |
Min disqualification | 12 months | 18 months |
Max disqualification | Unlimited | Unlimited |
Auto disqualification | 2 years | 4 years |
Min interlock period | 12 months | 2 years |
Vehicle sanctions | No | Yes |
Table 3: Combined - 2nd and subsequent offences | |||
---|---|---|---|
Penalties | Low, novice or special range + illicit drug presence | Mid-range + illicit drug presence | High-range + illicit drug presence |
Immediate licence suspension | Yes | Yes | Yes |
Max court fine | $5,500 (50 penalty units) | $6,600 (60 penalty units) | $11,000 (100 penalty units) |
Max prison term | 18 months | 2 years | 2 years |
Min disqualification | 18 months | 2 years | 3 years |
Max disqualification | Unlimited | Unlimited | Unlimited |
Auto disqualification | 2 years | 4 years | 6 years |
Min interlock period | 12 months | 2 years | 4 years |
Vehicle sanctions | Yes | Yes | Yes |
In most cases you will lose your licence for some time unless the court decides not to record a conviction against you. The penalties for some of the main drug related driving offences are set out in the tables above.
If there is something you don’t understand about the court’s decision, ask the magistrate to explain. If you aren’t able to ask the magistrate, ask the court staff to explain when you go to the Registry.
You can appeal to the District Court if you are not happy with the magistrate’s decision, but you should get legal advice before you do this. You have 28 days from the date of the magistrate’s decision to appeal.
You will also have to pay a fee. If you are on a Centrelink benefit or experiencing financial hardship, ask if the fee can be waived.
For more information about how to appeal, see the Legal Aid NSW brochure Appealing to the District Court.
If you had good reason for not being in court when the magistrate made the decision, you can apply to have the decision reviewed.
Organisation | Information | Contact details |
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LawAccess NSW | Provides free telephone legal information and referrals to other services, including to your nearest Legal Aid NSW office, Community Legal Centres, private lawyers and other organisations that can help. | Chat to our team by clicking on 'Chat with us' on the right or by calling 1300 888 529 Mon to Fri 9am - 5pm. |
Aboriginal Legal Service (ALS) | If you are Aboriginal or Torres Strait Islander you can also contact the ALS for free legal advice. | Phone: 1800 765 767 Website: www.alsnswact.org.au |
September 2023