What is drug driving in NSW? | NSW has two main offences: - Drive with the presence of a prescribed illicit drug in oral fluid, blood or urine (Road Transport Act 2013 (NSW) s 111). This is about presence, not impairment.
- Use or attempted use of a vehicle while under the influence of alcohol or any other drug (s 112). This is about impairment, proven by observations (speech, balance, driving).
Common drugs detected at the roadside: THC (cannabis), MDMA/ecstasy, methamphetamine (ice/speed) and cocaine. | What must police prove? | - s 111 (presence offence): you drove/attempted to drive (or supervised a learner) while a prescribed illicit drug was present in your oral fluid, blood, or urine (proved by an approved analysis). Impairment is not required.
- s 112 (under the influence): you drove/attempted to drive (or supervised a learner) while under the influence of alcohol or any drug (proved by impairment evidence, not a reading).
| What penalties could apply? | Presence of illicit drug (s 111) - First offence: penalty notice option (fine + 3-month suspension) or court: up to $2,200 fine; disqualification 3–6 months (court’s range).
- Second/subsequent: up to $3,300 fine; disqualification 6–12 months (court’s range).
Under the influence (s 112) - Higher exposure: up to $3,300–$5,500 fine, 12 months–5 years automatic disqualification ranges, and possible imprisonment depending on history.
Refusal offences & combined drink/drug - Refusing samples (Schedule 3) and combined drink + drug offences attract heavier penalties and immediate suspension.
| Can these charges be defended? | Yes. Depending on the brief, we may argue: - Analysis/procedure issues (collection, delay to lab, device approval, chain of custody).
- Not driving / identity / private property (e.g., police tested you in a non-road/road-related area).
- Medical morphine exception (where proven).
- Honest and reasonable mistake of fact (limited and fact-specific; e.g., spiking).
- Impairment not proved for s 112 charges.
We also consider negotiation (amending charge/facts) and sentencing strategies to reduce disqualification and avoid a conviction where appropriate. | How do roadside drug tests work? | Police may stop you for random drug testing (RDT). A saliva swab is taken; if positive, a second test is done. If that is also positive, a lab analysis confirms the result. You may receive a 24-hour driving prohibition while you wait for lab confirmation, and you must not drive until cleared. | | Can police issue a fine instead of taking me to court? | For a first offence of s 111 (presence of illicit drug), police can issue a penalty notice and a 3-month suspension instead of a Court Attendance Notice. You can elect to go to court to contest the allegation or seek a different outcome. | Will I be off the road? | - Immediate suspension/ban: You can be prohibited for 24 hours after a roadside positive and immediately suspended if issued a penalty notice or charged.
- Court disqualification: If your matter goes to court and you’re convicted, the court sets the disqualification period (and any other orders) within the statutory ranges.
- Appeals: You can appeal a police suspension to the Local Court.
| First court date: what should I expect? | Your first Local Court mention is administrative. We confirm representation, obtain the police brief/analysis results, advise on plea, and—if not guilty—set a hearing timetable (subpoenas, expert reports if required). If pleading guilty, we prepare mitigation (programs, references, medical material) and target the lowest disqualification available. | Should I complete a Traffic Offender Intervention Program? | Courts routinely consider completion of an approved Traffic Offender Intervention Program (TOIP) when sentencing. Doing TOIP before court can demonstrate insight and reduce risk of harsher penalties | |
