Drug Driving | Drug Offences

Drug driving is different to 'driving under the influence' because it does not require the driver to be noticeably affected by drugs. The mere presence of the drugs is enough.

This means that a driver can be charged with drug driving even if the drugs were taken several days before driving! Or if the concentration of drugs is very low!

Drug driving is detected by a roadside test.

The driver is directed to 'lick' a test pad which will indicate the presence of certain drugs.

If the test is positive, the driver will be subjected to a further oral fluid test.

If that test is positive, the driver will be suspended from driving until the results of a final oral fluid test are known.

For a 1st offence drug driving, the 'automatic' period of disqualification is 6 months; which the Magistrate can reduce to a minimum of 3 months.

The maximum fine is $1,100.00. The offence carries a criminal conviction.

For a 2nd offence drug driving within 5 years, the 'automatic' period of disqualification is 12 months; which can be reduced to a minimum of 6 months.
 
The maximum fine is $2,200.00. This offence also carries a criminal conviction.

There is also a possibility of being charged with additional drug driving offences. So it is important to contact a lawyer as soon as police indicate a positive oral fluid test.

See Our 'Section 10' page

Section 10 is where you plead 'guilty' (or are found 'guilty') but the Magistrate chooses not to disqualify you, fine you or give you a criminal record.

The Magistrate will usually only do this if you are of 'good character', are remorseful, are unlikely to reoffend and have a very strong need for your licence.

The circumstances of the offence can also be relevant eg if you didn't realise you had drugs in your system because you took them several days beforehand.

Any character references will also be taken into account, and Sydney Criminal Lawyers has a Character Reference Guide to assist you with those references.

Participating in a 'traffic offender program' can also help you, and Sydney Criminal Lawyers can direct you to the nearest program if appropriate.

Sydney Criminal Lawyers are experts in this relatively new area of the law.

Our traffic lawyers appear almost daily in courts throughout NSW in driving cases, and we will accurately advise you of your options and work to secure the best possible result.

Our lawyers have a comprehensive knowledge of the law relating to drug driving and will advise you of whether police have complied with the various time limits and rules.

If they have not, we will formally request the withdrawal of the charge.

If police refuse to withdraw the charge, we can challenge it at a 'defended hearing'.

If you wish to plead 'guilty', we will will work hard to secure the optimal outcome in the circumstances; including 'section 10' where possible.

For your peace of mind, Sydney Criminal Lawyers offer fixed fees for drug driving cases where you wish to plead 'guilty' in the Local Court.

Your first appointment with Sydney Criminal Lawyers is free and without obligation.

We only ask that you bring along your 'Court Attendance Notice', which is the document from police stating your court date, location and the police allegations.

Unlike many other law firms, Sydney Criminal Lawyers will not send 'junior lawyers' to represent you at important court dates; including your 'sentencing' (when you plead 'guilty' and are being sentenced) or your 'defended hearing' (when you plead 'not guilty' and the Magistrate decides your case).

In fact, Sydney Criminal Lawyers is the only criminal law firm in NSW to offer an Accredited Criminal Law Specialist Guarantee, which means you will be respresented by an Accredited Criminal Law Specialist on your big day.

So rest assured, you will be represented by the best.