Drug Driving Penalties NSW


This page outlines the maximum penalties for all drug driving charges is NSW. It also contains details as to what the minimum and automatic periods of disqualifications for all drug driving offences in NSW.

Regardless of the seriousness of a drug driving charge it is open to a court not to impose any penalty but dismiss the charge under section 10 of the Crimes (Sentencing Procedure Act). If an order is made under section 10 there is no criminal conviction recorded and no disqualification or fine imposed.

Prescribed illicit drug in oral/fluid/blood/urine
Penalty First offence Second or subsequent offence
Infringement Notice Fine $561 N/A
Maximum fine $2,200 $3,300
Maximum imprisonment N/A N/A
Automatic Disqualification 6 months 12 months
Minimum Disqualification 3 months 6 months
Cocaine or Morphine in blood/urine
Penalty First offence Second or subsequent offence
Infringement Notice Fine $561 N/A
Maximum fine $2,200 $3,300
Maximum imprisonment N/A N/A
Automatic Disqualification 6 months 12 months
Minimum Disqualification 3 months 6 months

 

DUI Drug
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Automatic Disqualification 3 years 5 years
Minimum Disqualification 12 months 2 years
Refuse undergo oral fluid test
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Automatic Disqualification 3 years 5 years
Minimum Disqualification 12 months 2 years

 

Refuse supply blood sample
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Automatic Disqualification 3 years 5 years
Minimum Disqualification 12 months 2 years
Alter amount of drug before oral fluid test
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment N/A N/A
Automatic Disqualification 3 years 5 years
Minimum Disqualification 6 months 12 months

 

Driver involved in fatal accident fail to supply blood/urine sample
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Automatic Disqualification 3 years 5 years
Minimum Disqualification 6 months 12 months
Fail on demand to provide sample of blood/urine
Penalty First offence Second or subsequent offence
Infringement Notice Fine N/A N/A
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Automatic Disqualification 3 years 5 years
Minimum Disqualification 12 months 2 years

Definition Of Drug Driving Terms:

Automatic period of disqualification: This is the period of disqualification that you can expect a court to impose for a drink driving charge.

Major offence includes the following offences (uncommon offences not included):

  • Driving under the influence of drug (DUI)
  • Drive with prescribed illicit drug in oral fluid/blood/urine
  • Refuse undergo oral fluid test
  • Refuse to supply blood sample

Minimum period of disqualification: This is the minimum period of disqualification that a court can impose for a drink driving charge.

Second offence: This is when another major offence is committed within 5 years. This includes a variety of offences.

WHERE TO NEXT?

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.

WHY CHOOSE ARMSTRONG LEGAL?

Armstrong Legal
Social Rating
4.5
Based on 272 reviews
×
Legal Hotline.
Open 7am - Midnight, 7 Days
Call 1300 038 223