Drug Driving

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CRIMINAL LAW SPECIALISTS     24 HOUR ADVICE

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Drug Driving is a relatively new offence where similar to random breath testing, police carry out random drug testing by getting the driver to 'lick' a test pad that will react to the presence of certain drugs – cannabis, ecstasy (also known as MDMA) and methyl amphetamine (ICE) and amphetamine (speed).

If you fail the 'lick' test, you are subjected to a further test. If you fail that test you will be suspended from driving for a day whilst your oral fluid sample is sent away for analysis.

The offence of Driving Under the Influence of a Drug (DUI) has existed for many years but is rarely used by police because it usually depends upon a driver being noticeably affected by drugs (not limited to cannabis, ecstasy and amphetamines) and coming under notice through the manner of driving or as a result of being taken to hospital after an accident.

Our experienced drug driving lawyers will tell you that one of the important differences between drug driving and driving under the influence is that you don't have to be affected by the drug to be guilty of drug driving.  The mere presence of the drug when drug tested (lick test) is sufficient for police to carry out further tests and prosecute the driver. For example, Cannabis (THC) stays in the blood system for many days after use.

The police powers have also been extended to arrange for blood and urine testing of drivers involved in accidents where persons are killed or severely injured. Blood or urine testing might discover other drugs such as cocaine or heroin – and if found, the drug driving laws come into play.

If the quantity of the drug detected is such that would have affected the driver's ability to manage or control the vehicle, the DUI provisions will apply – although time limits apply for police to commence a prosecution.

DUI also takes into account the situation where a driver is affected by a prescribed drug. Drugs used for the treatment of depression and anxiety can affect a person's motor skills.

The penalties for Drug Driving involve an automatic disqualification period of 6 months for a first offence which can be reduced to not less than 3 months – unless the offence us proved and dismissed under Section 10 of the Crimes (Sentencing Procedure) Act. The maximum fine is $1,100.

For a second offence within 5 years, the disqualification periods double and so does the maximum fine. There is no provision for imprisonment.

The penalties for DUI or for refusing to provide an oral fluid sample (lick test) or blood or urine sample are more severe and provide longer disqualification periods, greater fines and even the risk of imprisonment.

If you have been charged with a Drug Driving or DUI offence you should seek the assistance of our accredited criminal law specialists. We are available to provide you with information 24/7. Your first conference is free at either our Parramatta or Darlinghurst office. Call 1300 NOTGUILTY or go to our Contact Us page and send a request for our experts to contact you.

* Our Accredited Criminal Law Specialists are accredited by the Law Society of NSW. Some lawyers claim to specialists but are not accredited. Don't take risks – contact one of our experts today.

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