Experienced Drug Driving Lawyers Sydney

The offence of driving with a prescribed illicit drug present in the body is contained in section 111 of the Road Transport Act 2013 (NSW). This offence is treated as a strict-liability matter, meaning the prosecution is not required to prove that a driver’s ability to drive was impaired at the time of the alleged offence. A person may be found guilty simply by driving while a prescribed illicit substance is present in their system, regardless of whether any observable impairment is detected.

For a first offence of driving with a prescribed illicit drug present the maximum penalty is 20 penalty units ($2,200 fine). If a conviction is recorded, the offence carries an automatic licence disqualification period of six months, with a minimum disqualification period of three months.

By comparison with other drug driving offences, particularly driving under the influence of drugs, this category of offence is one for which a non-conviction outcome is more likely to be considered by the court. If the court deals with the offence without recording a conviction, such as by making an order under section 10(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW) or by imposing a Conditional Release Order without conviction, no licence disqualification applies.

The offence of driving with a prescribed illicit drug present (second or subsequent offence) is also dealt with under section 111 of the Road Transport Act 2013 (NSW) and remains a strict-liability offence. As with a first offence, the prosecution is not required to establish that the driver’s ability to drive was impaired.

For a second or subsequent offence, the maximum penalty increases to 30 penalty units ($3,300 fine). If a conviction is recorded, the offence carries an automatic licence disqualification period of 12 months, with a minimum disqualification period of six months.

While non-conviction outcomes may still be available in appropriate cases, second or subsequent offences are treated more seriously by the court than first-offence drug presence matters. The availability of any non-conviction outcome will depend on the individual circumstances of the offence and the offender, including their traffic history, the time between offences, and steps taken to address drug use and driving behaviour.

The offence of driving under the influence of drugs is a more serious drug driving charge and is also governed by the Road Transport Act 2013 (NSW). Unlike offences involving the mere presence of an illicit substance, this offence requires the prosecution to prove that the driver was actually under the influence of a drug to such an extent as to be incapable of having proper control of the vehicle at the time of the alleged offence.

For a first offence of driving under the influence of drugs, the maximum penalty is 30 penalty units ($3,300) and/or imprisonment for up to 18 months. If a conviction is recorded, the offence carries an automatic licence disqualification period of 3 years, with a minimum disqualification period of 12 months.

Driving under the influence offences are treated more seriously by the courts than drug presence offences, and non-conviction outcomes are less commonly available. The sentencing outcome will depend on the circumstances of the offending, the degree of impairment alleged, the offender’s traffic and criminal history, and any steps taken toward rehabilitation prior to sentencing.

The offence of driving under the influence of drugs (second or subsequent offence) is treated as one of the most serious drug driving charges under the Road Transport Act 2013 (NSW). As with a first offence, the prosecution must establish that the driver was under the influence of a drug to such an extent as to be incapable of having proper control of the vehicle at the time of the alleged offence.

For a second or subsequent offence, the maximum penalty increases to 50 penalty units ($5,500) and/or imprisonment for up to two years. If a conviction is recorded, the offence carries an automatic licence disqualification period of five years, with a minimum disqualification period of two years.

Second or subsequent driving under the influence offences are approached by the courts with a strong emphasis on deterrence and community safety. Non-conviction outcomes are rarely available, and sentencing outcomes are heavily influenced by the offender’s prior record, the seriousness of the conduct alleged, and any evidence of rehabilitation or steps taken to address drug use and driving behaviour.