NSW Drug Driving Offences
Drug Driving Lawyers – In the state of New Sout Wales the courts take drug driving offences extremely seriously taking into consideration a variety of different issues including what type of drug is in your system, whether you are affected by the drug at the time of driving, your compliance with drug testing procedures, whether you have been involved in an accident and of course your prior driving history.
There are a large range of drug driving related charges that can be applied by police however, below you can find the 6 main drug driving offences that you can be charged with under New South Wales state laws:
1. Presence of certain drugs (other than alcohol) in oral fluid, blood or urine;
2. Offence of driving under the influence of drugs;
3. Refusal or failure to undergo a drug test;
4. Wilfully altering amount of drug before submitting an oral fluid test;
5. Failure to provide blood or urine sample by driver or supervisor involved in a fatal accident;
6. Failure to provide a blood or urine sample or alter result result of drug in blood prior to testing.
There are very specific guidelines and penalties set down by law for which the courts of NSW must strictly adhere to, some of these penalties include:
1st Drug Driving Offence within 5 years |
Maximum Fine | Maximum Jail | Automatic disqualification | Minimum disqualification |
|---|---|---|---|---|
| Prescribed illicit drug in oral fluid/blood/urine | $1,100 | Nil | 6 months | 3 months |
| Cocaine or Morphine in blood/urine: | $1,100 | Nil | 6 months | 3 months |
| DUI drug | $2,200 | 9 months | 12 months | 6 months |
| Refuse undergo oral fluid test | $3,300 | Nil | 3 years | 6 months |
| Refuse to supply blood sample | $3,300 | Nil | 3 years | 6 months |
| Alter amount of drug before oral fluid test | $3,300 | Nil | 3 years | 6 months |
| Driver involved in fatal accident fail to supply blood/urine sample: | $3,300 | 18 months | 3 years | 6 months |
| Fail on demand to provide sample of blood/urine, | $3,300 | 18 months | 3 years | 6 months |
2nd Drug Driving Offence within 5 Years |
Maximum Fine | Maximum Jail | Automatic disqualification | Minimum disqualification |
|---|---|---|---|---|
| Prescribed illicit drug in oral fluid/blood/urine | $2,200 | Nil | 12 months | 6 months |
| Cocaine or Morphine in blood/urine: | $2,200 | Nil | 12 months | 6 months |
| DUI drug | $3,300 | 12 months | 3 years | 12 months |
| Refuse undergo oral fluid test | $5,500 | 18 months | 5 years | 12 months |
| Refuse to supply blood sample | $5,500 | 18 months | 5 years | 12 months |
| Alter amount of drug before oral fluid test | $5,500 | Nil | 5 years | 12 months |
| Driver involved in fatal accident fail to supply blood/urine sample: | $5,500 | 2 years | 5 years | 12 months |
| Fail on demand to provide sample of blood/urine, | $5,500 | 2 years | 5 years | 12 months |
Drug Driving Information on types of prohibited Drugs
A number of different types of drugs are strictly prohibited from being found in a persons blood, saliva or urine, the main substances include:
- THC (Delta-9- tetrahydrocannabinol) better known as cannabis or marijuana.
- METHYLAMPETAMINE better known as speed or ice.
- METHYLENEDIOXYMETHYLAMPHETAMINE better known as MDMA or ecstasy.
- MORPHINE.
- COCAINE.
NSW Police are out there on our roads setting up random drug testing every day of the week, submitting oral fluid tests for drugs. Caution should be taken by drug users and/or experimenters since the presence of different types of drugs can often be found in a persons saliva, blood or urine many hours and sometimes days after consuming the drug. Cannabis is possibly one of the most widely used illegal drugs yet it is one of the longest lasting drugs which can be found present in ones body after many days if not weeks after consumption. For this reason people need to be aware of the various substances that they may consume may very well be present in their system long after the effects of the drug has worn off.
Note from the penalties table above that there are automatic and minimum disqualification periods that the Magistrate will likely hand down should you be charged with any of those drug driving offences. Expect to receive the automatic disqualification period however if you are able to show the court that there are extenuating circumstances surrounding the charges then you may be able to persuade the Magistrate into handing down a minimum disqualification period or close to it.
A court has the discretion to dismiss the offences pursuant to section 10 of the Crimes (Sentencing Procedure) Act in very rare circumstances.
If you have been charged with any one of the above mentioned drug driving charges then we strongly advise you to contact our office today to discuss you matter with an experienced and qualify traffic lawyer.
Sydney Drug Driving Lawyers
Speak to our Campbelltown DUI Lawyers – Josh Boorman Ph: 1300 941 900
Our Drug Driving Lawyers can be contacted at:
Sydney Drink Driving Lawyers | DUI Solicitors NSW
Email: jboorman@boormanlawyers.com.au
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation on drug driving information from qualified Sydney drug driving lawyers.