Driving with a prescribed illicit substance, operating a vehicle with drugs in your system, or supervising a learner driver while an illicit drug is detected in your blood or saliva are serious offences. Recognising the legal implications can help you take responsible steps and understand the potential consequences.
This offence differs from Driving under the Influence as the mere presence of the illicit drug is all that is required to be proven. In other words, your driving does not have to be affected in order for this offence to be proven. This also means that the prosecution is not required to prove your ‘knowledge’ of the drug.
At the moment, a prescribed illicit drug is limited to the following:
- 3-4-methylenedioxymethamphetamine / ecstasy
- Cocaine
- Delta-9-tetrahydrocannabinol / THC / Cannabis
- Methamphetamine/Speed / Ice
- Morphine (not for Blood and Urine testing, not oral saliva)
What happens following a Positive Drug Test
If you receive a positive roadside test, it means that drugs or illicit substances have been detected in your saliva. The Police will obtain a second, more detailed saliva test that is sent to the lab to confirm the presence of an illicit substance. The Police will also give you a notice prohibiting you from driving a motor vehicle for the next 24 hours.
If a positive second or lab sample is confirmed, you will receive a penalty notice or Court Attendance Notice to appear in Court.
What penalty could I be facing?
If convicted of your first major offence within five years, you face a maximum fine of $ 1,100 and a license disqualification of six months, which may be reduced to three months. Understanding these penalties underscores the importance of legal advice to mitigate consequences.
If it is your second major offence or subsequent alcohol related offence within the last five years, and you are convicted, the maximum penalty is a fine of $2,200. Your licence will be disqualified for an automatic period of 12 months, which the court may reduce to 6 months. Under the Interlock Program, you may face an automatic 3-month disqualification; this can be reduced to 1 month with a 12-month interlock period.
| First offence | Second or subsequent offence |
|
|---|---|---|
| Penalty notice fine | $704 | N/A |
| Licence suspension (if offence is dealt with through a penalty notice) | 3 months | N/A |
| Maximum court- imposed fine | $2200 | $3300 |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
Refusal to Provide a Sample
If police lawfully direct you to provide a sample of your saliva, blood, or urine, you are required to provide one.
| First offence | Second or subsequent offence | |
|---|---|---|
| Maximum court-imposed fine | $3300 | $5500 |
| Maximum prison term | Not applicable | 18 months |
| Minimum disqualification | 6 months | 12 months |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
| Subject to an alcohol interlock order | Yes | Yes |
This can also differ depending on the circumstances of the refusal, i.e. following a fatal motor vehicle collision.
Receiving a positive sample makes it essential to seek legal advice promptly, as early guidance can influence your defence and case outcome. An experienced lawyer can explain your options, assess your situation, and help you achieve the best possible result. Contact 0407 171 626 (Alicia) or 0407 534 954 (Michelle) for confidential advice and representation.