NSW Drug Driving Charges

NSW Drug Driving Charges

Driving under the influence of drugs whether prescribed or illicit is known as drug driving. This is a punishable offence and if you are charged it means that you have been or are suspected of driving with an illicit substance in your oral fluid, blood or urine. According to an article published by The Huffington Post entitled NSW Police to Rollout Random Drug Testing Statewide; the article stated that as a result of an alarming spike in motorists that are testing positive to drugs, roadside drug testing kits will be rolled out across the state. An inspector was quoted as saying that “one thousand nine hundred (1900) roadside drug tests were administered by the police to NSW drivers between June and July 2015 and it was found that one in every six tests returned positive for drugs including cannabis, amphetamines or ecstasy”. The inspector further stated that of the thirty six thousand (36000) drug tests administered by the police to NSW drivers in 2015, “almost twelve percent (12%) returned with positive readings”.

In accordance to the Road Transport (Safety and Traffic Management) Act; the police can require anybody driving or attempting to drive a motor vehicle to undergo one or more oral fluid tests (e.g. the ‘lick’ test). Such tests can be administered on any NSW road. Passengers will not be required to undergo any drug testing unless they are supervisors of a learner license holder driver. The three illicit drugs tested for are the most common among drivers: ecstasy, methyl amphetamine – commonly known as meth and THC which is a drug found in cannabis.

An attorney from ETB Legal was asked to comment on charges relating to drug driving in NSW. She stated that “the two most common drug related driving charges are:

 1. Driving under the influence of a drug – this offence focuses on actual impairment of the driver as a result of the drugs. It requires proof that the driver was affected by drugs.

 2. Driving with an illicit drug present in oral fluid, blood or urine – the focus of this offense is on the presence of a drug in the driver’s system. This applies regardless of whether the driver is affected by the drugs or the level of drugs detected. “

She further stated that other charges relating to drug driving are:

 - Refusal to submit to a drug test
 - Altering the amount of drugs before an oral fluid test

She stated that where a driver refuses to submit to a drug test this is a serious offence which attracts a maximum fine of five thousand five hundred dollars ($5500), a period of imprisonment of up to eighteen months, a maximum of five years of automatic disqualification and a minimum disqualification of twelve months.

As a result of the serious nature of a drug driving offence it is of highly recommended that a person charged with such an offence make it a point to start looking for traffic lawyers in Sydney to assist with such charges and represent your interests.

About the company:

ETB Legal is a law firm of renowned professionals who handle criminal matters which include driving offenses. They have the knowledge and expertise to represent your interests in getting a suspended sentence or clearing your name.

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