SCB LEGAL
Our lawyers assist with all drug driving offences, including first time offences and subsequent offences.
Drug driving charges are laid against drivers who are found with any trace of illicit substances, including cannabis, speed, ice, MDMA, ecstasy, cocaine or morphine in their saliva from roadside tests or through subsequent blood or urine tests.
As with drink driving offences, if you were involved in an accident at the time the drugs were traced in your system, this will increase the seriousness of the offence.
If you, a family member or friend is facing drug driving charges, you may have questions like these:
Below we answer these questions and more, specific to drug driving in NSW.
However, if you are looking for information other drug offences, visit these pages:
In NSW, drug driving offences are classified as either:
Looking for information about Drug Possession charges? Go to this page here.
In New South Wales, to be found guilty of ‘driving under the influence of drugs’, the prosecution has to prove:
In New South Wales, to be found guilty of driving with an illicit substance present in your system, the prosecution has to prove:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug driving offences, we can provide you advice via telephone, online meeting or at one of our office locations.
If you are not guilty of what has been alleged, you must seek urgent legal advice to prepare your defence. Early advice is essential for the best outcomes.
Timing is everything. Early legal advice can significantly impact the outcome of your case.
Our experienced team of drug driving lawyers are ready to assist.
The most common forms of defence applied to drug driving charges are as follows:
This defence can be used when the offender did not know, based on information they had available to them, that they were driving under the influence of an illicit substance. They must have made an honest mistake that any other reasonable person could have made, given the same information. This no longer applies to driving with illicit substances present in your system.
This defence may be used if the person driving had to do so in order to save the life of themselves or another person.
The duress defence can apply if the person driving was forced to do so in order to prevent serious harm to themselves or another person. The person may be under duress from their passenger or another person.
In some circumstances there are other actions that can be taken to minimise the penalties for a charge of drug driving. These include:
Seeking advice from your criminal lawyer and following the advice you have been given will give you the best chance of a lesser sentence.
We assist our clients every step of the way by providing them with guidance and support about what they might be able to do to minimise the consequences.
SYDNEY DRUG DRIVING LAWYERS
Seeking early legal advice can better your sentence. Learn more by speaking to our team.
In New South Wales, the penalties for being found to have illegal drugs in your system while driving are detailed below.
Use this table below as a guide only. Depending on your circumstances, we may be able to ask the Court to give you a Section 10.
| Cannabis, speed, ice, MDMA, ecstacy or cocaine | Morphine | Driving Under The Influence (affected by drugs while driving) |
||||
| 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | |
| Penalty notice fine | $682 | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Licence suspension* | 3 months | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Maximum prison term | Not applicable | Not applicable | Not applicable | Not applicable | 18 months | 2 years |
| Maximum Court-imposed fine | $2200 | $3300 | $2200 | $3300 | $3300 | $5500 |
| Minimum- maximum disqualification | 3 - 6 months | 6 months - unlimited | 3 - 6 months | 6 months - unlimited | 12 months - unlimited | 2 years - unlimited |
| Automatic disqualification (in the absence of a specific Court order) | 6 months | 12 months | 6 months | 12 months | 3 years | 5 years |
Note: Penalties accurate for New South Wales as at August 2024.
Source: https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties
* Licence suspension for 1st offence refers to the suspension notice received if you have been dealt with by way of Penalty Notice.
The maximum penalty for drug driving depends on whether this is a first or subsequent offence.
For first time offenders found to be driving under the influence, the maximum penalties that can apply are:
For first time offenders found to be driving with an illicit drug in their system, the maximum penalties that can apply are:
For second time offenders found to be driving under the influence, the maximum penalties that can apply are:
For second time offenders found to be driving with an illicit drug in their system, the maximum penalties that can apply are:
DRUG DRIVING LAWYERS SYDNEY
Our highly experienced team will help you identify the opportunities that may be available to you.
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Yes. In NSW, there are two main drug driving offences. They are:
A person does not have to be impaired by the drug in their system in order to be charged with a drug driving offence in NSW.
You may want to plead not guilty to any drug driving charges you receive. Seeking advice from your criminal lawyer as early as possible and following that advice will give you the best chance of success.
To learn more about what the prosecution must prove in a drug driving case, jump to the Drug Driving page here.
Drug driving charges can lead to a jail term. However, this only applies in cases where the driver is found to be ‘under the influence’ of drugs while driving. Other penalties can include:
There are a number of reasons why a person may be driving under the influence of drugs that can result in there being no penalties being handed down. Learn more about Drug Driving Defences here.
In NSW, police test for drug driving using a Mobile Drug Test (MDT). They will take a saliva sample, which is why it is sometimes called a ‘spit test’. These can be performed:
These roadside drug tests can detect the following:
If the saliva test returns a positive result, meaning that a drug has been detected, then an additional lab test will be required. This can include testing via a blood or urine sample.
Police may also issue an immediate licence suspension and require the driver to hand over the car keys to either the police or to another person present.
In NSW, it is an offence to refuse to provide a sample when asked by police. This includes a saliva sample, for example, at a MDT, or a blood or urine sample when asked at a lab.
Altering a sample (of blood, saliva or urine) is also an offence in NSW. This includes adding additional fluid to minimise the drug reading or adding illicit substances to a sample to increase the reading.
Refusing a drug test or altering a sample can result in additional criminal charges and fines.
Drug Driving in NSW can result in a range of different penalties, depending on the type of drug driving charge and whether it is the person’s first or subsequent offence.
Penalties may include:
For more insights into other possible penalties for drug driving, see this table above – What Are The Penalties For Drug Driving?
A drug driving charge can result in a criminal record in NSW. However, this is not always the case.
An experienced criminal lawyer can make suggestions to increase your chances of not getting a conviction. This may involve attending a rehabilitation program, attending relevant training or other recommendations, specific to your circumstances.
Seeking advice from an experienced lawyer early means you have given yourself the best opportunity to be on the front foot. Often, clients are surprised by the options available to them, which they may not otherwise have been aware of. For the best chance at maximising your options, seek advice at the earliest possible time, as some actions require time to be achieved.
In NSW, the period of time that a person can lose their licence as a result of a drug driving charge varies depending on a number of factors, including:
Given the range of charges that can apply and the diverse range of penalties, it is recommended that legal advice be sought early in order to understand the charges and prevent accidentally incriminating yourself. A lawyer can help you understand the law, the charges and your options and, if you wish, can represent you in a hearing.
Our lawyers represent clients for drug driving offences in these Courts across Greater Sydney:
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drug driving offences, we can provide you advice via telephone, online meeting or at one of our office locations.
SYDNEY DRUG DRIVING LAWYERS
Early legal advice can improve your ability to better your outcome. Learn more by speaking to our team.
