Drug Driving Information


There are 2 types of drug driving offences in New South Wales. They are:

  • The presence of certain drugs in oral fluid, blood or urine; and
  • Driving under the influence of a drug

This article will provide details as to the maximum penalties, disqualification periods and sentencing statistics for both.

The Presence of Certain Drugs in Oral Fluid, Blood or Urine

This offence is committed by a person with the following drugs in their oral fluid (saliva) blood or urine:

  • Delta-9-tetrahydrocannabinol (also known as THC – found in cannabis),
  • Methylamphetamine (also known as speed),
  • Methylenedioxymethylamphetamine (also known as ecstasy),
  • Morphine,
  • Cocaine

The Maximum penalties for this offence are $1,100.00 for a first offence and $2,200.00 for a second or subsequent offence.

The Automatic period of disqualification for a first offence is 6 months and the minimum period of disqualification if you are convicted is 3 months.

The Automatic period of disqualification for a second or subsequent offence is 12 months and the minimum period of disqualification if you are convicted is 6 months.

Sentencing Statistics

Likely Disqualification Periods if Convicted

Click here to complete a likely penalty enquiry form.

Drive under the influence of a drug (DUI drug)

The Maximum penalties for this offence are $2,200.00 and 9 months jail for a first offence and $3300.00 and 12 months for a second or subsequent offence.

The Automatic period of disqualification for a first offence is 12 months and the minimum period of disqualification if you are convicted is 6 months.

The Automatic period of disqualification for a second or subsequent offence is 3 years and the minimum period of disqualification if you are convicted is 12 months.

Sentencing Statistics

Likely Disqualification Periods if Convicted

Click here to complete a likely penalty enquiry form.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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