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If you have been caught drug driving and this is your first offence, the team at Slades & Parsons can help. We take you through what to do next, the law, the drug driving penalties, and how we can help.
Defending criminal charges for more than 35 years, we are experienced in defending all types of drug driving, drink driving, and other traffic-related offences.
What To Do If You Have Been Caught Drug Driving
For people caught driving under the influence of drugs for the first time, there is a process that is followed. Below, we have outlined the general steps.
Steps:
1. Roadside Drug Testing and Field Interview
Police can pull drivers over for roadside drug testing. Drivers will be asked to submit to saliva testing. Refusing to comply with the request for a saliva test is an offence.
If a driver is unable to provide a saliva sample, or if there is an issue with the machine, the driver may be asked to complete a blood test.
If you fail the test or refuse the test, police will conduct a field interview.
Police will ask you for reasons as to why you were driving under the influence of drugs. We strongly recommend you seek advice before answering any questions. You can do so by phoning our office at any time.
If you are issued with an Infringement notice, you will receive paperwork on the spot nominating a financial penalty.
According to which choice you make, we will then undertake negotiations with the prosecution for:
– the withdrawal of your charge,
– any alternative charges, or
– amending the summary to adequately reflect the events surrounding the offence.”
2. Infringement or Release on Summons
If you are issued with an Infringement, you will receive paperwork on the spot nominating a financial penalty. If you are released on summons, there will be charges to follow. On the charge sheet you receive will be a Court Date.
3. Seek Advice
If you are issued with an Infringement you can choose to either pay the associated fine or contest the infringement. If you are issued with summons, you can choose to plead guilty or not guilty. We strongly recommend that you seek advice from one of our experienced lawyers before making this decision.
4. Negotiations
According to which choice you make, we will then undertake negotiations with the prosecution for the withdrawal of your charge, any alternative charges or amending the summary to adequately reflect the events surrounding the offence.
5. Finalisation of Your Matter
Your matter will finalise should you choose to pay your infringement, by the withdrawal of your charges, or by our attendance at Court on your behalf for a Plea of Guilty. In each possible course, our lawyers work efficiently to achieve the best possible outcome on your behalf.
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Let the team at Slades & Parsons help guide you through the legal process for drug driving offences. We’ll be back in touch shortly.
Drug Driving Laws
An expert criminal defence lawyer will give you the best chance of successfully defending your drug driving charges.
Below, we have outlined the key laws related to the charges you might be up against.
Drugs
Driving Under the Influence of Drugs
Driving a motor vehicle or being in charge of a motor vehicle while under the influence of any drug to such an extent as to be incapable of having proper control of the motor vehicle.
Driving While Impaired by Drugs
Driving a motor vehicle or being in charge of a motor vehicle while impaired by a drug.
Driving with Illicit Drugs in System
Driving a motor vehicle or being in charge of a motor vehicle while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid.
Exceed Prescribed Concentration of Drugs (Oral Fluid Sample)
Within 3 hours after driving or being in charge of a motor vehicle a person provides a sample of oral fluid and a prescribed illicit drug was present in that sample in any concentration and the presence of the drug in the sample was not solely due to the consumption or use that drug after driving or being in charge of the motor vehicle.
Exceed Prescribed Concentration of Drugs (Blood Sample)
Within 3 hours after driving or being in charge of a motor vehicle a person provides a blood sample and a prescribed illicit drug was present in that sample in any concentration and the presence of the drug in the sample was not solely due to the consumption or use that drug after driving or being in charge of the motor vehicle.
Drugs & Alcohol
Driving with Illicit Drugs and Exceed Prescribed Concentration of Alcohol
Driving a motor vehicle or being in charge of a motor vehicle while both the prescribed concentration or alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; and the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid.
Exceed Prescribed Concentration of Drug and Alcohol (Blood Sample)
A person provides a blood sample and within 3 hours after driving or being in charge of motor vehicle the prescribed concentration of alcohol or more than prescribed concentration of alcohol and a prescribed illicit drug was present in any concentration and the presence of the drug or alcohol in the sample was not solely due to the consumption or use that drug after driving or being in charge of the motor vehicle.
*Note that the prescribed concentration of illicit drugs means any illicit drugs present in your system.
What are the Penalties for a First Offence of Drug Driving?
The maximum penalty for a first offence of drug driving is a fine. These offences are usually dealt with by way of infringement. This is the case for all drug driving offences, except Driving Under the Influence (s49(1)(a) Road Safety Act 1986).
Please see the below table for maximum penalties for first time offenders and the associated mandatory minimum license loss periods.
| Offence | Penalty for First Time Offenders | Mandatory Minimum License Loss for First Time Offenders |
| S49(1)(a) | Financial Penalty of not more than 25 Penalty Units or Imprisonment term of not more than 3 Months | 2 years |
| S49(1)(ba) | Financial Penalty of not more than 12 Penalty Units | 12 months |
| S49(1)(bb) | Financial Penalty of not more than 12 Penalty Units | 6 months |
| S49(1)(bc) | Financial Penalty of not more than 30 Penalty Units | Dependant on BAC |
| S49(1)(h) | Financial Penalty of not more than 12 Penalty Units | 6 months |
| S49(1)(i) | Financial Penalty of not more than 12 Penalty Units | 6 months |
| S49(1)(j) | Financial Penalty of not more than 30 Penalty Units | Dependant on BAC |
Conviction or Non-Conviction
If you are required to go to Court, or you elect to go to Court, there is a high risk of receiving a conviction unless you can show evidence demonstrating the impact of a conviction.
In exercising its discretion whether or not to record a conviction, a Court will take into account the following per Section 8 of the Sentencing Act:
- The nature of the offence; and
- The character and past history of the offender; and
- The impact of the recording of a conviction on the offender’s economic or social well-being or on their employment prospects.
We highly recommend you seek the assistance of our team of lawyers to navigate the complexities of these sentencing submissions.
Drug Driving Lawyers – How We Help First-Time Offenders
One of our team of lawyers will assess your prospects of successfully defending your drug charges.
There may be technical defences available if police have not followed procedures for the taking of your oral or blood sample as per the police manual. Should there be available defences to defend the charge, we will advance those defences to the prosecution.
In the absence of any defences, you will be advised to pay the infringement, or one of our lawyers will prepare and conduct a plea of guilty on your behalf to achieve the most lenient possible penalty. This involves making submissions to the Court to keep the license disqualification period to a minimum and to possibly avoid the recording of a conviction.
The best results are often achieved by demonstrating to the Court that you are a person of otherwise good character, have support from family and or friends and are committed to your rehabilitation. Slades & Parsons can assist you in showing this to the Court by helping you to gather character reference material, write a letter of remorse and enrol in a Road Trauma Awareness Program or engage in drug rehabilitation.
Frequently Asked Questions
- Will I go to jail for a first offence of drug driving?
- What are the chances of getting off on your first drug driving charge?
- What is the minimum penalty for first time drug driving offenders?
- Will I go to court for my first time drug driving offence?
- How long could I lose my licence?
- Will I have a criminal record?