Drug Driving Offences & Penalties

NSW Drug Driving Offences

Understanding NSW Drug Driving Laws

In New South Wales, drug driving is a serious offence, and courts impose strict penalties to ensure road safety. Various factors influence the severity of charges, including the type of drug detected, whether the driver was impaired at the time, compliance with drug testing procedures, involvement in an accident, and prior driving history.

Authorities have multiple charges at their disposal to prosecute drug-related driving offences. Below are the six primary drug driving charges under NSW law:

Key Drug Driving Offences in NSW

Presence of Prohibited Drugs – Driving with illicit substances detected in oral fluid, blood, or urine.

Driving Under the Influence (DUI) of Drugs – Operating a vehicle while impaired by drugs.

Refusal or Failure to Undertake a Drug Test – Declining to participate in roadside drug testing procedures.

Tampering with Drug Levels Before Testing – Deliberately altering the amount of drugs in the system before an oral fluid test.

Failure to Provide a Sample After a Fatal Accident – Refusing to supply blood or urine samples when involved in a serious crash.

Failing to Provide or Manipulating a Sample – Failing to provide a required sample or attempting to alter drug test results.

Penalties for Drug Driving in NSW

NSW courts enforce specific penalties for drug driving, which escalate for repeat offences. The following tables outline the fines, license disqualification periods, and potential jail terms.

First Drug Driving Offence (Within 5 Years)

NSW Drug Driving Offences & Penalties -Table

Second Drug Driving Offence (Within 5 Years)

NSW Drug Driving Offences & Penalties -Table 2nd offences

Common Drugs Detected in NSW Drug Tests

The NSW Police conduct random roadside drug tests daily to identify drug-impaired drivers. These tests can detect substances in a driver's system long after consumption. Some of the most common drugs found in blood, urine, and saliva tests include:

THC (Delta-9-Tetrahydrocannabinol) – The active compound in cannabis (weed, marijuana, pot).
Methylamphetamine – Known as ice or speed.
Methylenedioxymethylamphetamine (MDMA) – Commonly referred to as ecstasy.
Morphine – A powerful opioid used medically but also found in heroin.
Cocaine – A stimulant that impairs cognitive and motor functions.

How Long Can Drugs Be Detected?

Detection times vary based on the drug, method of consumption, metabolism, and other physiological factors. Cannabis, for example, can remain detectable in the system for days or even weeks after use. This means individuals may still test positive long after experiencing any intoxicating effects.

What to Expect if Charged with a Drug Driving Offence

If charged with drug driving in NSW, expect the automatic disqualification period to be applied unless mitigating circumstances convince the court to impose the minimum penalty.

In rare cases, courts may dismiss a drug driving offence under Section 10 of the Crimes (Sentencing Procedure) Act, meaning no conviction is recorded. However, this outcome is uncommon and usually requires strong legal representation.

Need Legal Help? Contact a NSW Drug Driving Lawyer Today

If you have been charged with a drug driving offence in NSW, obtaining legal advice is crucial. An experienced traffic lawyer can help assess your case, present mitigating factors, and potentially reduce penalties. Contact us today on

1300 941 900 for a confidential discussion with a qualified legal professional.

Meet Our DUI Lawyer

Joshua Boorman is the principal lawyer at Boorman Lawyers, he was admitted to the Supreme Court of Queensland in 2008 where he has continued to work in the area of Traffic Law in Queensland and New South Wales ever since admission.

Over the years Joshua has worked for some well known law firms in Queensland and New South Wales before starting Boorman Lawyers in 2016. Throughout his career, Joshua has appeared in all of the major legal jurisdictions. Joshua would regularly appear on his own in the Local/Magistrates, District and Supreme Court and has on many occasions instructed Junior and Senior Counsel in the Court of Appeal. Joshua has even been involved in instructing Counsel at the High Court which is a jurisdiction that most lawyers rarely get to appear in.

Joshua is an experienced, hard working and honest professional who constantly obtains the best results for his clients. Please feel free to contact Joshua today to discuss your matter with him - 1300 941 900 or jboorman@boormanlawyers.com.au

Our Approach

We are a results focussed firm that is interested in seeking the best possible outcome for our clients DUI and traffic law cases in New South Wales.

We believe that a combination of our experience in appearing 1,000's of DUI cases puts us in the best position to be able to deal with any DUI cases that comes our way. We also pride ourselves on being extremley knowledgable in the area of Traffic Law in New South Wales.

Having this knowledge and experience doesn't mean anything unless we are able to work hard to prepare a quality legal case to present to the Court on your behalf. Our philosophy is to work hard and prepare well for our clients. This allows us to put our clients best foot forward in achieving the best outcome possible.

To find out more about the situation you may find yourself in then feel free in contacting us today to discuss your matter, alternatively you may wish to read up on some of the most common and important issues surrounding drink and drug driving in New South Wales which you should be aware of if you have been charged with a DUI or serious traffic offence in NSW.

DUI ISSUES

Drink Driving Offences/Penalties

There are a range of different drink driving categories that exist in Qld.

Drug Driving Offences/Penalties

Drug driving offences have become prevalent in recent times & attract serious penalties.

Court Process

What you need to know about going to Court and dealing with a DUI charge in New South Wales.

No Conviction

In some rare circumstances you MAY be able to avoid a criminal conviction for certain DUI & traffic offences.

Licence Suspension Appeal

Losing your licence from a low range DUI, drive with drug present or high range speeding there you MAY be in a situation where you can Appeal the suspension.

Courts We Attend

We are capable of attending any Courthouse in the state of Queensland.

NSW Traffic Law Topics

Our lawyers are experienced in all areas of New South Wales traffic law. See some of the more common topics and offences below that we can assist you with.

Avoid A Conviction

Here we look at how you can seek to avoid a conviction being recorded

NSW Alcohol Interlock Laws

New tougher Interlock Laws have been instroduced into

Immediate Police Suspension

Appeal Immediate Police Suspension to get back driving soon after a Low Range PCA

Disqualified Driving

Tough penalties apply to offences of disqualified driving in New South Wales

Unlicensed Driving

Different kinds of suspended or unlicenced driving offences exist with varying penalties

Beat A DUI

There are a limited number of defences that may be available to you in NSW

Legal Costs

We always try to present our clients with competitive fixed fee legal costs

Traffic Offenders Program

Traffic Offenders Program can help you learn about driver safety & reduce your penalties

Other Traffic Law Offences

There are many different types of traffic law offences we deal with

Why Choose Us?

What makes us stand out from the rest of the lawyers you may be considering

DUI Court Process

Every case is different however many rae similar & go through a similar court process

FAQs

Read through some of our most frequently asked questions that we get

Testimonials

Our NSW DUI Lawyers have a proven track record of achieving exceptional Court outcomes for our client's DUI & Traffic Law cases.

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Contact Us For A FREE Case Consult

We are happy for you to contact us FREE of charge to have a brief chat about the situation you may be in. We can provide you with some information and discuss with you some of the likely penalties. We can also talk with you about how we can best represent you in your Court case.

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RELEVANT LINKS

NSW Metro & Larger City Courts

Albury Court DUI Lawyers
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NSW Regional Courts

NSW Traffic Law Issues

Drink Driving Offences & Penalties

Drug Driving Offences & Penalties

Disqualified Driving Offence

Unlicensed & Suspended Driving Offences

Dangerous Driving Offences

High Range Speeding Offences & Penalties

Immediate Police Suspension Appeal

Avoiding a DUI Conviction

Alcohol Interlock Laws

Other Traffic Law Offences

How to beat a DUI offence?

NSW Traffic Offender Program

Why Choose Us?

Legal Costs

DUI Court Process

FAQs

More Information

Ph: 1300 941 900

Email: jboorman@boormanlawyers.com.au

Offices:

Brisbane QLD 4000

Gold Coast QLD 4217

Sydney NSW 2000

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