What happens if I get caught driving with drugs in my system?

In New South Wales, there have been changes to the law regarding driving with an illicit substance present in a person’s oral fluid, blood or urine (Road Transport Act 2013 (NSW), section 111(1).

On 19 February 2024, the New South Wales Criminal Court of Appeal ruled that the offence under section 111 is an offence of ‘absolute liability’ which means that intent does not need to be proven. (R v Narouz [2024] NSWCCA 14). This means that the legal defence of ‘honest and reasonable mistake of fact’ is no longer available to individuals charged with the offence. 

So what do the changes mean? If you inadvertently consume THC, methamphetamine, MDMA or cocaine and it is detected on a roadside drug test, you will be found guilty of the offence even if you honestly did not know you had taken the drug and been driving with it in your system. This can include inhaling ‘second-hand smoke’ or in the above case, taking a sip from a drink from a friend’s bottle and ingesting cocaine.

Ultimately, regardless of whether you had no awareness or intention to drive with drugs in your system, the mere presence of the drug in your system is enough for you to be found guilty of the offence.

There are a few different penalties that can be imposed for this offence.

First-time Offenders: If you are a first-time traffic offender, the Police can issue you with an on-the-spot disqualification and a fine. If the Police choose to send the matter to Court, you can be disqualified from driving for up to 6 months and fined up to $2,200.

Repeat Offenders: If you have more than one major traffic offence on your record that is less than 5 years old, the matter will be sent straight to Court. This can lead to a 12 month disqualification or $3,300 fine.

In some cases, the Court can choose to proceed without recording a conviction with or without conditions.

If you need advice, contact our experienced criminal law team. We operate 24/7 and provide a FREE initial consultation. Call us today 0402 849 034.

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