Drug Driving
Traffic Law
Criminal Law
Who will be required to submit to a roadside drug test?
- Delta-9-tetrahydrocannabinol (THC), the active component of cannabis.
- Methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’, ‘base’ etc).
- Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).
These three drugs are targeted because they are known to be among the most prevalent illicit drugs used by drivers. Police will also target roads around venues used for ‘rave’ and dance parties, suspected by Police to be linked to drug driving. NSW Police operations will target heavy vehicle drivers. Vehicle passengers other than supervisors of learner licence holders will not be required to undertake an oral fluid test.
How long after using cannabis can delta-9-tetrahydrocannabinol (THC) be detected?
How long after consuming ecstasy or methylamphetamine (speed, ice etc) can these drugs be detected?
Can delta-9-tetrahydrocannabinol (THC) be detected from passive smoking?
How will roadside drug testing work?
Possible Penalties
- The penalty for a first offence is a maximum $1,100 fine and three (minimum) to six months (maximum) licence disqualification.
- The penalty for a second or subsequent offence is a maximum $2,200 fine and licence disqualification for minimum six months up to an unlimited period.
- If a person refuses to be tested at the roadside, they can be fined $1,100. They will also have to accompany a Police officer to the Police truck where they will have to provide a sample of their oral fluid. If they refuse to provide an oral fluid sample, a maximum fine of $3,300 applies, plus licence disqualification for a minimum of six months. A driver who refuses to be tested can also be prohibited from driving for 24 hours by Police.
What happens if you are unable to provide an oral fluid sample?
A person who has genuinely attempted, but is unable to provide a sample of their oral fluid, will be required by Police to provide a sample of blood. The person will be taken by Police to a hospital to have the blood sample taken. The state’s analytical laboratory will analyse the sample for the presence of any drug. If the individual refuses to provide a blood sample, a maximum $3,300 fine applies.
What about other illicit drugs?
Can drivers be charged with both drug and alcohol offences?
If a driver tests positive to drugs will they be searched, or have their vehicles or property searched?
How can Sydney Criminal Defence Lawyers help?
Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.
