DRIVING WITH ILLICIT DRUG IN BLOOD, ORAL FLUID OR URINE
DRUG DRIVING
Section 111 Road Transport Act 2013 creates the offence of driving with illicit drug in oral fluid, blood or urine and states:
A person must not, while there is present in the person’s oral fluid, blood, or urine any prescribed illicit drug:
- drive a motor vehicle, or
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
Maximum penalty: Fine of $2,200 (in the case of a first offence) or $3,300 (in the case of a second or subsequent offence).
WHAT IS PRESCRIBED ILLICIT DRUG?
Prescribed illicit drug means any of the following:
- delta-9-tetrahydrocannabinol (also known as THC),
- methylamphetamine (also known as speed),
- 3,4-methylenedioxymethylamphetamine (also known as ecstasy), and
- cocaine.
PRESENCE OF MORPHINE IN BLOOD OR URIN
A person must not, while there is present in the person’s blood or urine any morphine:
- drive a motor vehicle, or
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
Maximum penalty: Fine of $2,200 (in the case of a first offence) or $3,300 (in the case of a second or subsequent offence).
OPTIONS WHEN CHARGED WITH DRUG DRIVING
Elect the Penalty notice for determination before a Court and either:
- Plead not guilty and have the matter heard before the Court noting that the Prosecution do not need to prove that you were impaired by the presence of the prescribed illicit drug while driving but that you had a prescribed illicit drug in your in oral fluid, blood or urine, or
- Plead guilty and seek leniency from the Court by seeking that the Court deal with the matter via a non-conviction order.
When the Courts consider dealing with the offender via a non-conviction, the Court look at:
- The person’s character, antecedents, age, health and mental condition,
- The trivial nature of the offence,
- The extenuating circumstances in which the offence was committed,
- Any other matter that the court thinks proper to consider.
Read our article on Drive with Illicit Drug Present in Oral Fluid NSW
RELATED ⇒ High Range PCA
If your blood alcohol concentration is higher than 0.150, the charge will be High Range PCA under section 110(5) of the Road Transport Act 2013 (NSW). This is the most serious drink driving charge and carries significantly higher penalties than mid-range PCA offences.
Learn more about High Range PCA penalties in NSW.
RELATED ⇒ Mid Range PCA
If your blood alcohol concentration is between 0.80 – 0.149, the charge will be Mid Range PCA under section 110(4) of the Road Transport Act 2013 (NSW).
Learn more about Mid Range PCA penalties in NSW.
RELATED ⇒ Appeal License Suspension NSW
If your licence has been suspended by Transport for NSW or the Police, you may be able to appeal licence suspension. A successful appeal can reduce the suspension period—or overturn it entirely.
Learn more about appealing a licence suspension in NSW.
For a consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.
