DUI Offences
Drugged driving occurs when a person drives with illicit drugs present in their system, even if they are not visibly impaired. This offence is treated seriously under NSW traffic and criminal law.
Tested Positive for Drugs While Driving?
Here's What You Need to Know
In New South Wales, driving with drugs such as THC (marijuana), MDMA (ecstasy), amphetamines (ice), or cocaine in your system is illegal — regardless of whether you appear to be impaired. With random roadside drug tests and strict penalties, being charged with drug driving can have lasting consequences.
Key points:
- Presence, not impairment, is what matters — the prosecution only needs to prove drugs were in your system
- A positive roadside test is followed by a lab analysis before penalties are issued
- Police can issue on-the-spot fines and a three-month licence suspension for a first offence
If you’ve been charged, Brightstone Defence Criminal Lawyers can guide you through your options and fight for the best outcome.
Drugged driving is an offence under Section 111 of the Road Transport Act 2013 (NSW). It involves driving a motor vehicle while a prescribed illicit drug is present in your oral fluid, blood or urine. Commonly tested substances include:
- THC (cannabis)
- MDMA (ecstasy)
- Methamphetamines (ice)
- Cocaine
Unlike DUI charges, there is no need to prove the driver was affected or impaired — only the presence of the drug is sufficient for a charge.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must prove:
- You drove (or attempted to drive) a motor vehicle
- A prescribed illicit drug was present in your system at the time
- The presence was confirmed through laboratory analysis following a roadside test
Possible Defences
Your lawyer may raise one or more of the following defences:
- Challenging the accuracy of the laboratory test or timing of drug use
- You were not driving or attempting to drive
- Improper roadside or lab procedures were followed
- Honest and reasonable mistake about drug ingestion or exposure
Potential Penalties
If found guilty, penalties may include:
- Fine of $561 for first-time low-range offences
- Immediate 3-month licence suspension
- Criminal conviction
- Harsher penalties for repeat offences or in combination with other charges
Legal Process
& Options
After a roadside drug test, your sample is sent for laboratory analysis. If the result is positive, you may receive a court attendance notice or penalty notice. You can choose to accept the penalty or contest the charge in court.
Pleading
Not Guilty
If you plead not guilty, we will thoroughly prepare your defence strategy. This may involve:
- Challenging the reliability of the drug test
- Arguing issues of timing or procedure
- Raising a genuine mistake of fact or questioning whether you were driving
Our experienced team will review all evidence, dispute improper police conduct or testing, and defend your rights every step of the way.
Pleading
Guilty
If you plead guilty, the matter proceeds to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Show remorse, which can lead to leniency
- Increase your chances of receiving a Section 10 Dismissal or Conditional Release Order (CRO), avoiding a criminal record
Before pleading guilty, consult Brightstone Defence Criminal Lawyers to fully understand the impact and explore your chances for a non-conviction outcome.
Frequently Asked Questions
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