Drug Driving Penalties
Drug Driving Penalties
Drug driving is one of the Driving Under the Influence offences – in this case driving under the influence of a drug, and drug driving penalties attract fines (and/or imprisonment periods) and disqualification from driving periods. There are also Drug specific offences of driving with the presence of certain specific drugs in your oral fluid, blood or urine. The offences carry automatic disqualification periods (“ADP”), and also have a minimum disqualification period (“MDP”). The automatic disqualification period (ADP) may in certain circumstances be reduced, or increased, by the Court, but there is no discretion in relation to the minimum disqualification periods (MDP). Several of the offences carry possible terms of imprisonment.
Whether it is your first or a subsequent offence (within a five year period), is of considerable significance in terms of outcome – as different penalties apply to each category. The table refers to maximum fines and maximum periods of imprisonment that may apply. And to be clear, the first or subsequent offence refers to offence of this type – so if you have had a PCA offence relating to alcohol or other offence relating to alcohol within the past 5 years and you have now been charged with driving under the influence of a drug, this will be a subsequent offence – not a first offence.
Drug Driving Penalties – Table
| OFFENCE | FIRST OFFENCE (Within 5 years) | SUBSEQUENT OFFENCE (Previously convicted of offence within 5 years) | ||
| Driving under the Influence of a Drug | Fine: $2,200 Imprisonment: 9 mths | ADP: 12 months MDP: 6 mths | Fine: $3,300 Imprisonment: 12 months | ADP: 3 yrs MDP: 12 months |
| Drive with the presence of cannabis, speed/ice or MDMA/ecstacy in oral fluid, blood or urine | Fine: $1,100 | ADP: 6 mths MDP: 3 mths | Fine: $2,200 | ADP: 12 months MDP: 6 mths |
| Drive with the presence of morphine or cocaine in blood or urine | Fine: $1,100 | ADP: 6 mths MDP: 3 mths | Fine: $2,200 | ADP: 12 mths MDP: 6 mths |
| Refuse to provide samples (oral fluid or blood) | Fine: $3,300 | ADP: 3 yrs MDP: 6 mths | Fine: $5,500 Imprisonment: 18 months | ADP: 5 yrs MDP: 12 mths |
| Wilfully introduce or alter the amount of a drug in oral fluid or blood | Fine: $3,300 | ADP: 3 yrs MDP: 6 mths | Fine: $5,500 | ADP: 5 years MDP: 12 mths |
| After a fatal accident – Refuse to submit to taking of a blood or urine sample OR Wilfully introduce or alter the amount of a drug in blood or urine | Fine: $3,300 Imprisonment: 18 mths | ADP: 3 years MDP: 6 mths | Fine: $5,500 Imprisonment: 2 yrs | ADP: 5 yrs MDP: 12 mths |
As you can see, drug driving related penalties are complex and with potentially very serious impacts on your life. If you have been charged with a drug driving offence, it would be in your interests to seek legal representation to ensure the best possible outcome when you attend Court.
