Driving a motor vehicle with an illicit drug in your system is an offence. The most common drugs include cannabis, ecstasy, amphetamines or cocaine.
The Police can subject you to a random drug test at any time. The Police will take a saliva sample for you, which will test for THC (cannabis), MDMA (ecstasy) and methylamphetamine (Ice).
If the first sample tests positive, a second saliva swab will be taken and sent to a laboratory to analyse whether it shows a positive. The second saliva swab is what the Police will rely upon as evidence in Court.
Police can also make you have a blood test if they suspect that you are driving whilst under the influence of any drug – this can result in a different charge, being Driving Under the Influence.
Drugs can be detected in your system days to weeks after consuming the substance. You may not be under the ‘influence’ however, the substance will still appear in your system.
If the Police pull you over for a random drug test and you test positive for an illicit substance, you may have to go to Court. The Police can suspend and or will issue a Court Attendance Notice or a Penalty Notice, depending on your driving history.
You can elect to have the Penalty Notice determined in Court – if you wish to have the matter heard in Court, do not pay the fine and seek legal advice before making a Court election.
Wollongong Criminal Law can advise you on the next steps and help you achieve the best result.
If the Police suspend and confiscate your license within 48 hours of testing due to a positive drug test, the suspension will remain in place until the local Court hears the offence.
| Penalties | First Offence | Second Offence |
|---|---|---|
| Penalty Notice Fine | $572 | – |
| Maximum Fine (Court Elected) | $2,200 | $3,300 |
| License Suspension | 3 months | 6 months |
| Minimum Disqualification | 3 months | 6 months |
| Maximum Disqualification | 6 months | Unlimited |
| Automatic Disqualification | 6 months | 12 months |
Have you been charged with drug driving? Wollongong Criminal Lawyers are experts are obtaining the most favourable outcome for our clients. Give the team a call today to discuss your options and see how we can help you.
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