Driving Under the Influence of Drugs

There are several drug driving laws in NSW that police can rely on to charge individuals with drug-related driving offences. Some of these offences are more serious than others. One of the more common — and serious — offences is Driving Under the Influence of Drugs (DUI).

The Law

A person commits this offence if, while under the influence of a drug:

(a) they drive a motor vehicle, or
(b) they occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion.

Penalties

The penalties for Driving Under the Influence of Drugs are outlined in the table below:

It is also an offence if the person is the holder of an applicable driver’s licence and occupies the seat of a vehicle next to a learner driver who is driving the vehicle. The same penalties and disqualification periods apply.

Commentary

There are different circumstances in which a person may be charged with Driving Under the Influence of Drugs (DUI). Two common scenarios include being involved in a serious accident and taken to hospital, or being pulled over by police during a roadside stop. In both cases, police typically seek to obtain either a blood sample or a sample of the person’s oral fluid.

However, there are legal requirements police must meet before obtaining these samples. For example, if police stop a driver and suspect they are under the influence of a drug, the driver must first be subjected to a sobriety assessment. If the driver fails the assessment, they can be arrested and taken to hospital for a blood sample to be taken.

That sample is then sent to a laboratory for independent testing to confirm the presence of a drug. An expert may later be called to provide an opinion on whether the level of the drug detected would have impaired the person’s ability to drive safely.

It is important to note that an expert certificate alone may not be enough to prove a person was under the influence. Police often rely on their own observations of the person’s behaviour, appearance, and manner of speaking, all of which can be admissible in court. When this is combined with an expert’s opinion that the driver was likely impaired, it is usually enough to support a conviction. However, there are cases where it may still be possible to defend the charge, depending on the circumstances.

Also worth noting is that the drug found in your system does not have to be illegal for the charge to apply. Many prescription medications are considered drugs under the law for the purpose of this offence.

If you have been charged with Driving Under the Influence of Drugs and are looking to defend the charge or seek a reduced penalty, our experienced criminal lawyers can help.

Contact us today to speak with a lawyer at one of our offices in Sydney, Parramatta, Chatswood, Sutherland or Wollongong.