Drug Driving NSW
As is the case for drink driving, the courts take a very dim view of driving while under the influence of a drug or drugs.
Research indicates that drug driving is not only relatively common in some circles, but carries with it a crash risk akin to that of a driver driving with a BAC of 0.1-0.15.
Importantly, drug driving charges can result from driving while affected by illicit drugs, but also from driving while affected by prescription drugs.
Drug driving offences NSW
The main drug driving offence occurs where a person does any of the following while they have present in their oral fluid, blood or urine an illicit drug:
– Drive a motor vehicle
– Occupy the driving seat of a vehicle and attempt to put the vehicle in motion
– If the person is the holder of an unrestricted licence, occupy the seat next to a learner driver who is driving the vehicle
There is also a specific offence where any of the above activities are undertaken when the defendant has morphine or cocaine in their blood or urine.
However, a defence is available if the defendant can establish that the presence of morphine was caused by the consumption of a substance for medicinal purposes.
There is also an offence that occurs where a person, while under the influence of alcohol or any other drug:
– Drives a vehicle
– Occupies the driving seat of a vehicle and attempts to put it in motion or
– If the person is the holder of an unrestricted licence, occupy the seat next to a learner driver who is driving the vehicle
This includes a prescription drug or a combination of prescription drugs that affects the defendant’s ability to drive.
Drug driving penalties NSW
The following penalties apply in relation to the above offences:
First offence drug driving nsw
| Offence | Max court imposed fine | Max gaol term | Min licence disqualification | Max licence disqualification | Automatic licence disqualification | Immediate licence suspension |
| Driving under the influence of any drug | $2,200 | 9 months | 6 months | Unlimited | 12 months | No |
| Driving under the influence of an illicit drug | $1,100 | N/a | 3 months | 6 months | 6 months | No |
Second or subsequent offences drug driving NSW
| Offence | Max court imposed fine | Max gaol term | Min licence disqualification | Max licence disqualification | Automatic licence disqualification | Immediate licence suspension |
| Driving under the influence of any drug | $3,300 | 12 months | 12 months | Unlimited | 3 years | No |
| Driving under the influence of an illicit drug | $2,200 | N/a | 6 months | Unlimited | 12 months | No |
Other offences and penalties that are associated with drug driving offences:
First offences
| Offence | Max court imposed fine | Max gaol term | Min licence disqualification | Max licence disqualification | Automatic licence disqualification | Immediate licence suspension |
| Refuse breath test | $1,100 | N/a | No specific penalty. See general penalty provisions. | No specific penalty. See general penalty provisions. | No specific penalty. See general penalty provisions. | No |
| Refuse a breath analysis following arrest, or hinder or obstruct taking a blood sample | $3,300 | 18 months | 12 months | Unlimited | 3 years | Yes |
| Refuse to provide oral or blood sample | $3,300 | N/a | 6 months | Unlimited | 3 years | No |
| Failure on demand to provide blood/urine sample, or willfully alter result of same | $3,300 | 18 months | 6 months | Unlimited | 3 years | No |
Second or subsequent offences
| Offence | Max court imposed fine | Max gaol term | Min licence disqualification | Max licence disqualification | Automatic licence disqualification | Immediate licence suspension |
| Refuse breath test | $5,500 | 2 years | 2 years | Unlimited | 5 years | Yes |
| Refuse a breath analysis following arrest, or hinder or obstruct taking a blood sample | $5,500 | 2 years | 2 years | Unlimited | 5 years | Yes |
| Refuse to provide oral or blood sample | $5,500 | 18 months | 12 months | Unlimited | 5 years | No |
| Fail on demand to provide sample of blood/urine, or willfully alter result of same | $5,500 | 2 years | 12 months | Unlimited | 5 years | No |
Have you been charged with drug driving?
If you, or anyone you know, requires specific legal advice or representation in court for an offence of this kind, please contact us.
