Drug Driving Offences

Testing positive for an illegal drug such as cannabis (THC), methamphetamine, MDMA (ecstasy), or cocaine while driving, attempting to drive, or supervising a learner driver can lead to a drug driving charge. Police conduct random roadside drug testing and, if detected, can issue on-the-spot fines or proceed to court charges depending on the circumstances.

What Is Drug Driving?

In NSW, it is an offence to drive with a prescribed illicit drug in your oral fluid, blood, or urine. This applies whether you are actively driving, about to drive, or sitting in the driving seat with the vehicle ready to move. 

Law enforcement uses Mobile Drug Testing (MDT) to detect the presence of various illegal drugs during roadside operations or traffic stops. If you return a positive reading on a drug test, you can face penalties that affect your licence, finances and legal record.

Penalties for Drug Driving in NSW

Penalties for drug driving vary depending on whether the matter is dealt with through a penalty notice or in court, and whether it is a first or subsequent offence. 

On-the-Spot Penalty Notice ( First Offence)

• Fine issued by police (approx. $700).
  

• Licence suspension of around 3 months.
  

• No criminal record if the notice is paid. 
  

Court-Imposed Penalties:

If the matter goes before a court, or if it is a second or subsequent offence:

• First offence: Fine up to approx. $2,200, automatic licence disqualification 6 months (minimum 3 months).
  

• Second or subsequent offence: Fine up to approx. $3,300, automatic licence disqualification 12 months (minimum 6 months).
  

• Courts may impose heavier penalties in serious cases depending on offending history. 
  

Importantly, paying the on-the-spot fine is an admission of the offence and will trigger the corresponding suspension even if it does not appear as a criminal conviction. 

Why Seek Legal Advice?

Drug driving matters can have wide-ranging consequences beyond an immediate fine or suspension. At ADADA Legal, we can:

• Explain the legal elements of your charge and likely consequences
  

• Assess whether challenging the matter or negotiating outcomes is appropriate
  

• Advise on whether you should take the matter to court or resolve it by plea
  

• Represent you in court to seek reduced penalties or non-conviction outcomes
  

• Assist with appeals against licence disqualification
  

Early legal advice may help protect your driving rights, employment prospects, and future opportunities by seeking the most favourable outcome possible under the circumstances. 

Drug Driving Frequently Asked Questions

What exactly is a drug driving offence?

A drug driving offence occurs when you drive, attempt to drive, or supervise a learner driver while there is an illegal drug (e.g. cannabis, methamphetamine, ecstasy, cocaine) present in your system.

Can I avoid a criminal record for drug driving?

Yes. If the offence is dealt with by an on-the-spot fine and you pay it, you usually avoid a criminal record — though this still results in licence suspension. Court-ordered non-conviction outcomes may also be possible in some cases with legal representation.

Will I lose my licence?

Yes, licence disqualification is automatic under the law. The period depends on whether the matter is dealt with by penalty notice or in court and whether it’s a first or repeat offence.

Is drug driving treated the same as driving under the influence of drugs?

No. Drug driving charges can arise simply because drugs are present in the body, regardless of whether you are impaired — making them offences of strict liability in many circumstances.

What happens if I refuse a drug test?

Refusing to undertake a police drug test is a separate offence and can attract significant penalties including fines and licence disqualification. These matters are dealt with by courts and may carry heavier consequences.