Drive With Illicit Drug Present in Blood

The offence of driving with the presence of certain drugs (other than alcohol) in oral fluid, blood or urine is committed by a person who drives a motor vehicle on a public road while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug.

Don’t hire just any criminal defence lawyer for your drug driving case. Our criminal lawyers ensure you will obtain the best result in your case.

Our criminal lawyers can ensure the following:

1. Principal Lawyer representation – Don’t just settle for any junior criminal lawyer.
2. Swift resolution and the best possible result.
3. Fixed fees and a free initial consultation to discuss your drug driving case.

THE LAW:

The offence of presence of certain drugs (other than alcohol) in oral fluid, blood or urine is set out in section 111 of the Road Transport Act 2013 which 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.”

WHAT IS A PRESCRIBED ILLICIT SUBSTANCE?

The Act list the prescribed illicit drugs of:

• marijuana (also known as delta-9-tetrahydrocannabinol);
• speed (also known as methylamphetamine);
• ecstasy (also known as 3,4-methylenedioxymethylamphetamine);
• cocaine.
• amphetamines.

WHAT IS A MOTOR VEHICLE?

A motor vehicle is defined in the Act as a vehicle that meets:

• any description of a vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
• any description of a tracked vehicle (such as a bulldozer), or any description of a vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
• any other description of vehicle prescribed by the statutory rules.

CONSEQUENCES OF A CONVICTION: 

If you are convicted of drug driving, you will have this offence noted on your criminal record and have your licence disqualified.

The automatic disqualification period will apply unless the court makes a specific order. The court can disqualify your licence for any length of time within the minimum and maximum periods listed above.

Our criminal lawyers for drug driving offences have succesfully obtained a non-conviction result in drug driving matters.

DRUG DRIVING PENALTIES IN NSW: 

Drug driving is a “fine only” offence, and cannot lead to imprisonment. If you are convicted, the potential penalties include: