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Drug Driving

Drug driving is unlawful in NSW. A person does not need to be impaired by drugs to be charged with a drug driving offence. It is sufficient that a prescribed illicit drug is detected in their system while they are driving.

There are two primary drug driving offences under NSW law:
1. Driving Under the Influence (DUI) of Drugs – This offence applies where a driver is noticeably impaired due to drug use, and the impairment can be proven through their behaviour or condition. Sentences for this offence are usually more serious than other drug driving offences.
2. Driving with an Illicit Drug Present in Oral Fluid, Blood or Urine – This offence occurs when a person drives with a detectable amount of an illicit drug in their system, regardless of whether they appear impaired.
Commonly detected drugs include cannabis (THC), methamphetamine, MDMA (ecstasy), and cocaine.

Driving Under the Influence (DUI) – Drugs

In New South Wales, Driving Under the Influence (DUI) of drugs is a serious offence under the Road Transport Act 2013 (NSW). This offence applies where a person drives a vehicle while affected by drugs to the extent that their ability to control the vehicle is impaired.

Unlike the offence of simply having a drug present in your system, a DUI charge requires proof of actual impairment. This may be demonstrated through:

Erratic or dangerous driving behaviour
Physical symptoms observed by police (e.g. unsteady balance, slurred speech, dilated pupils)
Admissions made to police
Expert evidence or toxicology results

-Will I get a criminal record for a Driving under the influence of drugs?

It is likely that a criminal conviction will be recorded. The courts have consistently emphasized that drug driving is a serious offence within the community. Accordingly, sentencing in such cases is intended to convey a strong deterrent message to the public. Especially because this offence involves driving a vehicle whilst impaired, therefore endangering the safety of other road users. The starting point for sentencing typically includes the recording of a criminal conviction, along with the imposition of a fine and a period of licence disqualification.

However, it is important to note that people can receive a jail sentence for driving under the influence of drugs, especially if they have been found guilty of a similar offence in the past.

-Is it possible to retain my licence if I am guilty of driving under the influence of drugs?

Yes, it is possible for you to retain your licence if you successfully avoid a criminal conviction.

-Is it possible to avoid a criminal conviction for Driving under the influence of drugs?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

-Will I need a lawyer to represent me for driving under the influence?

If you are concerned about receiving a criminal conviction or losing your licence, it is strongly recommended that you seek legal representation in court. An experienced solicitor has in-depth knowledge of the law and the strategies that may help reduce your penalty, potentially avoiding a criminal conviction and assisting you in retaining your driver’s licence.

Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine

In New South Wales, it is an offence to drive with a prescribed illicit drug detected in your system, even if you are not visibly impaired. This is commonly known as drug driving, and it falls under section 111 of the Road Transport Act 2013 (NSW).

Unlike DUI (Driving Under the Influence), this offence does not require proof of impairment, a positive roadside or laboratory test is enough to support a conviction. Commonly detected drugs include cannabis (THC), methamphetamine, MDMA (ecstasy), and cocaine. This means that one can be guilty of this offence even if they consumed drugs a number of days prior to the traffic stop.

-Will I get a criminal record for Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

It is possible to avoid a criminal conviction. As outlined above, this offence does not involve a person’s functions being impaired by drugs, it is enough that the drug is detected in one’s breath or blood/urine sample. Therefore, the court’s recognise that this offence is less serious than DUI (Driving Under the Influence).

-Is it possible to retain my licence if I am guilty of Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.