It is an offence to drive a motor vehicle whilst there is a presence of an illicit drug in your oral fluid, blood or urine or drive a motor vehicle whilst under the influence of any illicit drug.
The penalties for drug driving vary depending on the type of drug offence you are charged and convicted of and whether it has been the first time you have committed this offence or you are a repeat offender.
First drug offence within 5 years
| PCA Offence | Minimum Disqualification |
Automatic Disqualification |
Maximum fine | Maximum jail term |
|---|---|---|---|---|
|
Prescribed illicit drug in oral fluid/blood/urine |
3 months | 6 months | $1,100 | Nil |
| Cocaine or Morphine in blood/urine |
3 months | 6 months | $1,100 | Nil |
| DUI drug | 6 months | 12 months | $2,200 | 9 months |
| Refuse to undergo oral fluid test |
6 months | 3 years | $3,300 | Nil |
| Refuse to supply blood sample |
6 months | 3 years | $3,300 | Nil |
| Alter amount of drug before oral fluid test |
6 months | 3 years | $3,300 | Nil |
| Driver involved in fatal accident fail to supply blood/urine sample |
6 months | 3 years | $3,300 | 18 months |
| Fail on demand to provide sample of blood/urine |
6 months | 3 years | $3,300 | 18 months |
Second or subsequent drug offence within 5 years
| PCA Offence | Minimum Disqualification |
Automatic Disqualification |
Maximum fine | Maximum jail term |
|---|---|---|---|---|
| Prescribed illicit drug in oralfluid/blood/urine |
6 months | 12 months | $2,200 | Nil |
| Cocaine or Morphine in blood/urine |
6 months | 12 months | $2,200 | Nil |
| DUI drug | 12 months | 5 years | $5,500 | 12 months |
| Refuse to undergo oralfluid test |
12 months | 5 years | $5,500 | 18 months |
| Refuse to supply blood sample |
12 months | 5 years | $5,500 | 18 months |
| Alter amount of drug before oral fluid test |
12 months | 5 years | $5,500 | Nil |
| Driver involved in fatal accident fail to supply blood/urine sample |
12 months | 5 years | $5,500 | 2 years |
| Fail on demand to provide sample of blood/urine |
12 months | 5 years | $5,500 | 2 years |
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