As drug driving attorneys, it would not be uncommon for one of our traffic attorneys to handle a court case that has a connection to drug use while driving. Our Law Firm has handled thousands of drug driving accusations over the years.

There are various offenses associated with drug driving, and the legislation is quite complicated. Section 49 of the Road Safety Act of 1986 applies to all of them. What you should remember from the following penalty classification is that refusing to cooperate with authorities when they want an oral, blood, or urine sample is seldom in your best interests. For several types of drug-related driving offenses, there are standard penalties. It is best to submit the sample first and then challenge the substantive infringement to avoid applying harsher penalties if the charge is erroneous or the case is contested.

Why engage a lawyer about drug driving charges?

You do not want to go to court by yourself. The police and prosecutors are there to prosecute you, the magistrate is there to judge you, and if you don’t have someone on your side, things might get out of hand quickly.

Drug driving legislation is complex; various issues must be addressed to properly prosecute a drug driving charge.

If you have the money, you should engage a lawyer since the chances of you navigating the Australian legal system effectively are quite minimal. You don’t want to be forced to present your case for a hearing in County Court. That process has gotten a lot more difficult. It’s important to complete tasks correctly the first time.

Why Our Law Firm?

Our drug lawyers all have extensive expertise in representing individuals accused of drug driving.

Our solicitors are committed to obtaining the best possible outcome in your case; this is a philosophy that has been instilled in our law firm.

We are the best at representing clients accused of drug driving and effectively addressing technical situations. It is this experience that is important.

All of our attorneys participate in frequent continuing professional development and other drug-related training activities.

If you have been charged with drug driving, don’t make the incorrect decision; contact our drug driving attorneys now to schedule a consultation.

What types of drugs do police test for?

If a police officer believes a driver is under the influence of drugs based on how they appear or act, they may request that the driver submit to a drug test. It’s also critical to understand that refusing a police officer’s request to submit to a drug test is criminal.

When can police take a test?

The States have slightly varying guidelines for how a police officer should administer a test while conducting a drug test. In Victoria, for example, if a motorist is charged with an offense, the police must record any drug testing and present the driver with a copy of the video within seven days of receiving the accusation. A drug test will not be reported in Victoria unless there are exceptional circumstances. In New South Wales, on the other hand, a police officer who obtains an oral fluid sample from a suspect following an arrest must:

1. A container must be used to hold the sample.
2. The container must be shut and sealed.
3. The container should be labeled or tagged for future use.
4. As soon as possible, give the individual whose sample has acquired a certificate with adequate information to identify their sample.
5. As quickly as possible, give the person whose sample has acquired a certificate with adequate information for them to identify their sample.

Blood can also be obtained from a driver suspected of being under the influence of drugs, albeit the criteria differ by state.

What is Drug Driving:

One of the first nations to prohibit driving while under the influence of drugs was Australia.

RDT: Every Australian state offers roadside drug testing (RDT). In addition to oral testing, some states also conduct blood and urine tests. Roadside drug testing results have a zero-tolerance threshold in every state.

DUI: refer to driving while intoxicated, and these laws are founded on the police identifying a driver’s impairment. As in unpredictable driving.

Combination (Alcohol and Drugs): You will be charged with this if you are discovered to be under the influence of both alcohol and drugs. The penalties for breaking this law are more severe than those for failing the Roadside Driving Test and a DUI, and it only applies to the state of Victoria (Driving Under Influence).

Prescribed content offenses: (offenses where drugs are only detected) 

S49(1)(bb) prescription drug content present while driving or in control of a motor vehicle, S49(1)(h) prescription drug content present in an oral sample within 3 hours of driving or being in control of a motor vehicle

The quantity of drug present in blood drawn within three hours of operating or managing a motor vehicle is specified in S49(1)(i).

Each of the following drug-related driving offenses has the same sentence and statutory minimum time off the road:

First-time offenders face 12 penalty units and a minimum 6-month ban.

Second offense: 60 penalty units and at least a 12-month suspension

Subsequent offenses and all further offenses 120 Penalty Units and a 12-month suspension

Refusal to participate in an oral fluid test

S49(1)(eb) prohibits the use of preliminary or definitive saliva testing.

The penalties for refusing to submit to an oral fluid test are the same as those previously mentioned, with the mandatory minimum license suspension lasting longer—two years for a first offense and four years for a second.

Police may immediately suspend a driver if they are charged with the aforementioned offense under Section 85A of the RSA, but only at the time of the charge and not at the time of the offense (see section 85A of the RSA).

It’s crucial to remember that you cannot obtain a jail sentence for any of the offenses mentioned above. Unbelievably, we have dealt with situations where clients were sentenced to jail because the lawyer who initially represented them did not know that the magistrate was not permitted to send them to jail and did not tell the magistrate of this. Do not let it occur.

Avoid a Conviction for drug driving:

A non-conviction for drug driving used to result in a traffic record and was evident on a police check. With the implementation of the Spent Conviction law, this is no longer the case. What exactly does this mean? If you plead guilty in court, you can request that the magistrate record the outcome without recording a conviction. It will imply that you keep your record clean in these cases.

Our Law Firm Lawyers have extensive expertise in arguing to a magistrate that the defendant should not be convicted.