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Drug Driving

Drug Driving

 

Driving with an Illicit Drug Present in Blood or Oral Fluid

This offence of drug driving or driving with a PID  is committed where:

  1. There is an illicit drug found in your blood or oral fluid; and
  2. You are driving on a road or road related area; or
  3. You are occupying the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or
  4. If you are supervising a learner, as an appropriate licence holder.

The complete title of the offence is Presence of certain drugs (other than alcohol) in oral fluid, blood or urine and is contained in section 111 Road Transport Act 2013.

A prescribed illicit drug is:

  1. delta-9-tetrahydrocannabinol (also known as THC),
  2. methylamphetamine (also known as speed),
  3. 3,4-methylenedioxymethylamphetamine (also known as ecstasy),
  4. Cocaine

Testing for drugs:

The police will usually take two samples from you. One on the roadside, and another should you test positive, at a police station.  If you test positive after the second sample is taken, the police are able to suspend your driver licence for 24 hours.

The police then send that sample to their lab for testing. If the test comes back positive, you will receive a court attendance notice.

Penalties for drug driving:

The penalties for a 1st offence of drug driving include licence disqualification of between 3 and 6 months and a maximum fine of $1,100.

The penalties for a 2nd offence of drug driving are disqualification of between 6 and 12 months and a maximum fine of $2200.

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