201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
There are six major drug driving offenses in NSW. These are:
The table below outlines the penalties that can be imposed for drug driving offences.
|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|
|Second Offence within 5 Years|
|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|
The types of drugs in the system (oral, blood or urine) are:
A person can be randomly asked to submit to an oral fluids test for drugs. Random oral testing for drugs such as cannabis can detect the presence of this drug many hours after use. Urine tests can show this drug up for many months after use.
The automatic period of license disqualification is what can be expected to be imposed by the Magistrate. However, the court can order a disqualification less than the automatic but not less than the minimum period of disqualification.
The court can decide not to convict an offender found guilty of an offence and dismiss the offence under section 10 of the Crimes (Sentencing Procedure) Act. If a matter is dealt with under section 10 there will be no loss of licence and no other penalty.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.