It is an offence to drive a vehicle with a prohibited drug in your oral fluid, blood or urine pursuant to section 111 Road Transport Act 2013.

For a first offence, the maximum penalty is a fine of $2,200. If convicted, the automatic disqualification period is 6 months, however if convinced, the magistrate can reduce to the minimum period of 3 months.

For a second offence, the maximum penalty is a fine of $3,300. If the court records a conviction, the minimum disqualification period is 6 months with the maximum being 12 months.

To be found guilty of ‘Drug Driving’, the prosecution must prove the following beyond reasonable doubt:

1. You drove a motor vehicle or at least tried to put it in motion; and

2. You had a prohibited drug in your oral fluid, blood or urine.

The police do not have to prove that your driving was impaired due to the presence of the prohibited drug in your system.

Defences

1. You were not driving or trying to;

2. Where morphine was found in your blood or urine, and it was consumed for medicinal purposes;

3. Police conducted a drug test on you while you were on your private property (ie your driveway);

4. Honest and reasonable mistake of fact – that you were unaware that the drug was in your system (ie passive smoking or being spiked).

This offence is dealt with in the Local Court.

‍Traffic Offenders Program

‍It is vital to participate in a Traffic Offenders Program prior to having your matter heard in court on sentence.

Completing an accredited program will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.

‍25% Utilitarian Discount  

You will receive a mandatory 25% discount on sentence if you plead guilty at the earliest opportunity.

Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.