Mobile Drug Testing

In New South Wales, Mobile Drug Testing is executed by a NSW Police Officer. When you are required to participate in mobile drug testing, you will have to comply and provide your driver’s licence to Police. 

What is Mobile Drug Testing?

Mobile drug testing involves scraping a stick-like device over the tongue. This device is formally called the Drugwipe 6S Saliva Detection Device. The purpose of this device is to detect illicit drugs in your saliva. The result is usually returned after eight minutes. 

What Illicit Drugs does Mobile Drug Testing Detect?

Mobile drug testing detects the following drugs:

• Cannabis (also known as delta-9-tetrahydrocannabinol);
• Speed (also known as methylamphetamine);
• Ecstasy (also known as 3,4-methylenedioxymethylamphetamine) including Ice;
• THC (also known as Delta-9-tetrahydrocannabinol).

The reason that other illicit drugs are not screened is due to difficulties in establishing a “significant level”. The significant level is typically below the level at which a substance becomes effective from the user’s point of view but is set at a minimum level where anything below could be reasonably dismissed as a false positive in a Court.

What if I test positive to a Mobile Drug Test?

If your result comes back as positive to the mobile drug test administered in your car, you will be arrested and taken to a roadside testing van to provide a saliva sample. This is considered to be a more reliable indication of whether there are any drugs present in your system. This saliva test is conducted using a device called the Drager Drug Test 5000, which takes around 20 minutes to produce a reading. 

If the reading comes back as positive, you will be prohibited to drive a a motor vehicle for a period of up to 24 hours, following the initial positive result, obtained from the mobile drug test.

The Police will then send your positive reading to an offsite laboratory for further analysis. If the laboratory confirms the positive result, the Police will contact you and subsequently charge you with “Driving with Illicit Drug in System”. You can read about this offence here: *INSERT LINK TO ARTICLE*.

Common Questions about Mobile Drug Testing

Do I have to participate in the Mobile Drug Test if the Police ask me to?

Yes, you are legally required to participate in a mobile drug test if ordered to do so by a Police Officer. Refusing to provide a saliva swab is a criminal offence and can result in fines, a licence suspension or imprisonment. 

Does Mobile Drug Testing Test the Amount of the Drug in my System?

No, the mobile drug test only picks up the presence of a drug in your system, rather than the amount. This means that it is less relevant whether the drug was affecting your driving, but more relevant that there is a drug in your system to begin with. 

What Happens if the Test that is Sent to the Laboratory Comes back as Negative?

If the secondary test sent to the laboratory comes back as negative, you will not hear anything further from the Police.

If the First Mobile Drug Test Administered Comes Back as Negative, can the Police Make Me Undergo Further Testing?

No, if the first mobile drug test that you participate in comes back with a negative result, the Police do not have the power to force you to undergo any further testing, whether it be another oral, or blood/urine testing.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.