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1300 733 039

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Drug Driving

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

Please contact our office for your first free consultation.

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Contact Us

  • Level 1, 113-115 The Crescent
    Fairfield NSW 2165
  • Suite 416/49 Queens Road
    Five Dock NSW 2046
  • (02) 9728 3366
  • (02) 9724 4178
  • 1300 733 039

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