Drug driving, or more correctly, Driving Under the Influence of a Drug, or DUI, is an increasingly common type of offence seen in NSW Courts. This is due to the fairly recent implementation of MDT units on our roads – Mobile Drug Testing by NSW Police. It works similarly to the RBT – Random Breath Testing – for alcohol which has been part of the road user’s landscape for many years now. In fact, it currently works alongside RBT.
Taking drugs, alcohol or other substances that affect the brain can reduce the ability to drive safely, putting other road users at risk, which is why it is an offence to drive if you are under the influence of alcohol or other drugs. Drug testing looks for traces of drugs in the body.
Currently only certain illicit substances are tested for by the MDTs. The 3 substances which are currently tested for, and may be the subject of MDT drug driving charges, are: Cannabis, MDMA (Ecstacy), Amphetamines (including Methamphetamine). However, if you have come under notice of Police for your manner of driving, it is certainly possible to test for other substances, and there are of course drug-specific offences of driving while having the presence of certain specific drugs in your oral fluids, blood or urine.
Although the offence is termed “driving under the influence of a drug”, persons are charged as a result of having a drug detected in their system. Thus, you may think the effects of the drug has worn off, but it could well still be present in your system, and detectable on the MDT tests.
If you have been charged with a Drug Driving offence, you should contact a DUI lawyer – Drink Driving Lawyers Sydney to discuss your options – (02) 9533 2269.
DUI Penalties for Drug Driving in NSW:
DUI Penalties (Driving Under the Influence of a Drug):
1st Offence:
For a charge of Driving Under the Influence of Drugs where the offence is considered the 1st offence (within a 5 year period), the following penalties and sentences may apply:
- Maximum fine of $2,200
- Maximum term of imprisonment of 9 months
- Automatic disqualification period of 12 months (which can, in certain circumstances, be either increased or reduced)
- Unlimited maximum disqualification period
- Minimum disqualification period of 6 month
2nd Offence:
For a second or subsequent Drug Driving offence (within a 5 year period), the penalties and sentences are increased significantly, and the following penalties and sentence may apply:
- Maximum fine of $3,300
- Maximum term of imprisonment of 12 months
- Automatic disqualification period of 3 years (which can, in certain circumstances, be either increased or reduced)
- Unlimited maximum disqualification period
- Minimum disqualification period of 12 months
If you are looking for a DUI lawyer – Drink Driving Lawyers Sydney – Call us on (02) 9533 2269 – for advice and representation to ensure the drug driving consequences, and DUI Drug Driving charges you face are dealt with as favourably as possible
Call Us for a Quote
(02) 9533-2269
For information about the penalties for all types of drug related driving charges, including driving with the presence of specific types of drugs in your system, click here.
