NEW SOUTH WALES OFFENCES

DRUG DRIVING

NSW Courts strictly enforce drug driving laws, considering factors like the type of drug, impairment level, compliance with testing, accident involvement, and driving history. Legal support from drug offence lawyers in Sydney is advisable.

The six primary drug driving offences in NSW include:

Detection of drugs in oral fluid, blood, or urine.
Driving while under the influence of drugs.
Refusing or failing a drug test.
Tampering with oral fluid tests.
Not providing blood or urine samples after fatal accidents.
Failing to provide or tampering with blood or urine tests.

Types of prohibited drugs

A number of different types of drugs are strictly prohibited from being found in a person’s blood, saliva or urine, the main substances include:

THC (Delta-9- tetrahydrocannabinol) – better known as cannabis or marijuana.
Methamphetamine – better known as speed or ice.
Methylenedioxymethylamphetamine – better known as MDMA or ecstasy.
Morphine
Cocaine

Note that explicitly THC, ice, and amphetamine are currently testable in random roadside drug tests, with cocaine to be testable very shortly also.

NSW Police conduct daily random drug tests. Drugs can remain detectable in saliva, blood, or urine long after their effects wear off, with cannabis being notable for its long-lasting presence. It's important to be aware of this as substances consumed can affect you long after use.

If you have been charged with any of the above drug driving charges then we strongly advise you to contact us today to get an experienced and qualified drug driving lawyer on your case.

The Penalty

In NSW, drug driving offences are met with strict penalties, including automatic and minimum disqualification periods set by Magistrates. Your first action should be consulting with an experienced Sydney drug driving lawyer. Initially, an automatic disqualification applies, but you might persuade the court to reduce this to the minimum period by demonstrating extenuating circumstances.

Avoiding disqualification entirely necessitates a not guilty plea and acquittal, requiring skilled legal representation. In rare cases, courts may dismiss offences under section 10 of the Crimes (Sentencing Procedure) Act.

Can I Defend The Charge?

Defending drug driving charges, including those based on oral fluid tests, is feasible with potential for a section 10 for first-time offenders within 5 years. Defences may involve Duress, Necessity, Emergency, disputes over readings, procedural or technical errors, or interactions from prescribed medications.

A refusal charge, involving not providing a breath sample, leads to a six-month licence loss upon conviction. This charge requires proving the defendant's conscious awareness, adding a layer of complexity to defence.

With significant penalties, legal advice is crucial for understanding procedural adherence and potential defences like improper requirement, confusion, substantial reason, mental capacity, or procedural irregularities.