If you have been caught drug driving and this is your first offence, the team at Slades & Parsons can guide you through the process – what you need to do next, relevant laws, the potential penalties for first-time offenders, and how we can help.
The only Drug Driving offence which attracts a jail term for a first offence is Driving under the Influence per s49(1)(a) Road Safety Act. The maximum for this offence is 3 months imprisonment or 25 Penalty Units. Otherwise, all other first-time drug driving offences have a maximum penalty of a fine.
Each case differs depending on its facts. Seek legal advice from our office to get a specific answer.
Normally, most first-time drug driving offenders will receive a financial penalty via infringement alongside a 6-month license disqualification. If subsequent, financial penalties become steeper alongside a 12 months minimum license disqualification. These matters are usually dealt with at Court and a conviction may be imposed.
It is likely that you will receive an infringement for a first-time drug driving offence. Subsequent drug driving offences will require attendance at Court.
This depends on the specific drug-driving offence you have been charged with. Please see our table under “Drug Driving Penalties for First Time Offenders” for the various license loss periods.
It is possible to avoid recording a conviction but there will be a finding of guilt on road traffic history. If it is a subsequent offence and the matter proceeds to court, in order to avoid conviction, you will require a lawyer to advance a strong plea in mitigation and show the negative impact of a conviction on your life. Please see “Conviction or Non-Conviction” for more information.