Drug Driving

Driving with drugs in your system is a serious offence in Australia. It doesn’t matter if you feel fine or not – the law only requires that an illicit substance is present. This means you can be charged even if the drug hasn’t affected your ability to drive.

Whether you’re facing drug driving charges or just want to understand your options, we offer the legal help you need to protect your licence and your future.

The Legal Definition of Drug Driving

Drug driving means having illegal drugs in your blood, oral fluid, or urine while driving. Common drugs tested include cannabis (THC), methamphetamines (speed, ice), MDMA (ecstasy), and cocaine. This is different from a drink driving offence because the law doesn’t need to prove you were impaired, just that the drug was present.

Police use roadside oral fluid tests. If the test shows drugs, a sample is sent to a lab for confirmation. Since 2019, police can give a fine and suspend your licence for three months without sending you straight to court. But you can challenge this penalty in court.

What Happens If You Get Caught?

If lab tests confirm drugs, you’ll get a fine and a licence suspension, but you can appeal in court. You can plead not guilty, where the prosecution must prove you were driving with drugs in your system. A lawyer can challenge the evidence, which may lead to charges being dropped or a not guilty verdict.

If you plead guilty, penalties depend on your past record. First offences usually mean a 6-month licence ban (sometimes reduced) and fines up to $2,200. Repeat offences carry longer bans and higher fines.

Sometimes courts may dismiss the charge or grant a conditional release order with no conviction, letting you avoid penalties and a criminal record.

Possible Defences

You may have valid reasons to fight the charge. These include:

Honest and reasonable mistake – you didn’t know there were drugs in your system.
Necessity – you drove to avoid serious danger.
Duress – you were forced to drive because of threats.
Faulty or unreliable drug testing.
No drugs were actually present at the time of driving.
Police did not follow proper procedures or gave no legal caution.

Your chances improve greatly with experienced legal advice.

How CIA Lawyers Can Help

At CIA Lawyers, we specialise in traffic offences like drug driving. We understand the stress and uncertainty these charges bring. Our team is ready to provide you with clear advice and strong representation from day one.

We’ll review your case carefully, explain your options, and fight to protect your licence and your future. Whether you want to dispute the charges or negotiate a better outcome, we’re here to help. Call us today to discuss your case with an expert traffic lawyer.

Facing drug driving charges can be overwhelming. But you don’t have to go through it alone. Contact CIA Lawyers for expert help and the best chance to protect your rights and your future.

FAQs

Q: Can I refuse a roadside drug test?

A: Refusing a drug test is itself an offence and can lead to penalties. It’s best to comply but seek legal advice immediately if you face charges.

Q: What if I only took prescribed medication?

A: If you have a valid prescription and medical advice for your medication, this may be a defence. Always carry your prescription and inform police if stopped.

Q: How long will a drug driving conviction stay on my record?

A: A conviction stays on your criminal record permanently, which can affect employment and travel. That’s why avoiding conviction through a Section 10 dismissal or conditional release order is important.

Our Process

1. Consultation

Connect with a qualified solicitor to discuss your immigration needs and determine the best strategy for securing your visa under Australian immigration law.

2. Application

Our legal consultants will guide you through the preparation of all required documentation, including any necessary written or oral submissions.

3. Approval

We stand by your side throughout the entire process, advocating on your behalf and supporting you until your visa application is successfully approved.