Traffic Law

Drug Driving Penalties NSW

It is an offence in New South Wales to drive a motor vehicle whilst there is a presence of an illicit drug in your oral fluid, blood or urine. It is also an offence to drive a vehicle while under the influence of any drug. Collectively, these offences can be referred to as "drug driving" offences. We have prepared the below table that includes the more common offences with their respective penalties.

Drug Driving Penalties NSW

OFFENCE TYPE

PENALTY TYPE

FIRST OFFENCE 

SECOND OR SUBSEQUENT OFFENCE 

Drive under the influence of a drug.

Maximum court imposed fine

$2,200

 $3,300

 

Maximum gaol term

 9 months

 12 months

 

Disqualification
-minimum
-maximum
-automatic


6 months

Unlimited

12 months



12 months

Unlimited

3 years

Drive with the presence of any of the following drugs in oral fluid, blood or urine: 
-Active THC (Cannabis);
-Methylamphetamine (Speed/ice); or
-MDMA or ‘ecstasy'.

Maximum court imposed fine

 $1,100

 $2,200

 

Disqualification
-minimum 
-maximum 
-automatic


3 months
6 months
6 months


6 months
 
Unlimited 

12 months

Drive with the presence of any of the following drugs in blood or urine: 
-Morphine (unless proven for medicinal use) 
-Cocaine

Maximum court imposed fine

$1,100

 $2,200

 

Disqualification
-minimum 
-maximum 
-automatic


3 months

6 months

6 months

 



6 months 

Unlimited 

12 months

Refuse to provide oral fluid sample.

OR

Refuse or fail to submit to providing a blood sample when unable to provide an oral fluid sample.

Maximum court imposed fine

 $3,300

$5,500

 

Maximum gaol term

N/A

18 months

 

Disqualification
-minimum 
-maximum 
-automatic


6 months

Unlimited

3 years


12 months

Unlimited

5 years

Wilfully introduce or alter the amount of a drug in oral fluid or blood after being required to provide an oral fluid or blood sample.

Maximum court imposed fine

$3,300

$5,500

 

Disqualification
-minimum
-maximum
-automatic


6 months

Unlimited

3 years


12 months

Unlimited

5 years

Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash.

OR

Wilfully introduce or alter the amount of a drug in blood or urine after involvement in a fatal crash.

Maximum court imposed fine

$3,300

$5,500

 

Maximum gaol term

18 months

2 years

 

Disqualification
-minimum
-maximum
-automatic


6 months

Unlimited

3 years


12 months

Unlimited

5 years

If you have been charged with a drug driving offence, traffic lawyers with experience in this area of law can help. Contact us to make an appointment with a traffic lawyer at your nearest Prime Lawyers office. Our representation will assist you in reducing the Courts would likely impose. 

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong   

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