What is a Drug Driving Offence in NSW

Encountering a drug driving charge in NSW can truly rattle your nerves.

What is a Drug Driving Offence in NSW?

In NSW, drug driving is an offence under Section 111 of the Road Transport Act 2013. This involves driving a motor vehicle with the presence of a prohibited illicit drug in your system, such as:

• Cannabis (THC)
• Methamphetamine (speed, ice)
• MDMA (ecstasy)
• Cocaine

Importantly, you can be charged with a drug driving offence in NSW even if your driving ability was not impaired, the mere presence of Illicit drugs in your systems is sufficient for the offence.

Drug Driving Penalties in NSW.

First Offence: Maximum fine of $2,200
Licence suspension or disqualification of 3-6 months (minimum of 3 months).

Second or Subsequent Offence: Maximum fine of $3,300
Licence disqualification of 6-12 months (minimum of 6 months).

Drivers should note being found guilty of a drug driving offence in Sydney or elsewhere in NSW will result in a criminal record.

With the increasing use of medicinal Cannabis in Australia, many patients are finding it challenging to drive without risking a drug driving charge. Currently there is no medical defence to drug driving charges in NSW. This means using Cannabis legally and you are not impaired whilst driving, you can still be charged with an offence of driving with an illicit drug in your system.

With the number of Medical Cannabis users growing in NSW, this has led for reforms to the drug driving laws in NSW, such as introducing a medical defence similar to those in Tasmania and the United Kingdom, however, the NSW Government has yet to implement such changes.

NSW drug driving laws take a “zero tolerance” approach resulting in penalising drivers for the mere presence of an illicit drug in their system, regardless of their impairment and ability to drive a motor vehicle.

For drivers facing drug driving charges this can be overwhelming, however, understanding the law, penalties involved, and your options are crucial. Seeking legal advice early can make a significant difference in your case and help you achieve the best possible result.

The contents of this article are general in nature. For advice specific to your circumstances, please contact your legal practitioner.

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