Drug Driving Penalties

NSW Courts take drug driving charges very seriously and there are automatic and minimum disqualification periods that the Magistrate will likely hand down should you be charged with any of those drug driving offences. Your first step should be to talk to a drug driving lawyer Sydney. Initially, you will receive the automatic disqualification period, unless and until you are able to show the court that there are extenuating circumstances surrounding the charges, in which case you may be able to convince the Magistrate you deserve only the minimum disqualification period. Note that there is no way around avoiding the minimum disqualification period unless you plead not guilty and are successfully acquitted of the offence. You will require accurate legal representation from a dug driving lawyer Sydney to help you with your case.

A court does have the discretion to dismiss the offences pursuant to section 10 of the Crimes (Sentencing Procedure) Act in very rare circumstances.


1ST DRUG DRIVING OFFENCE WITHIN 5 YEARS:

Maximum Fine Maximum Jail Automatic disqualification Minimum disqualification
Prescribed illicit drug in oral fluid/blood/urine $1,100 Nil 6 months 3 months
Cocaine or Morphine in blood/urine $1,100 Nil 6 months 3 months
DUI drug $2,200 9 months 12 months 6 months
Refuse undergo oral fluid test $3,300 Nil 3 years 6 months
Refuse to supply blood sample $3,300 Nil 3 years 6 months
Alter amount of drug before oral fluid test $3,300 Nil 3 years 6 months
Driver involved in fatal accident fail to supply blood/urine sample: $3,300 18 months 3 years 6 months
Fail on demand to provide sample of blood/urine $3,300 18 months 3 years 6 months


2ND DRUG DRIVING OFFENCE WITHIN 5 YEARS:

Maximum Fine Maximum Jail Automatic disqualification Minimum disqualification
Prescribed illicit drug in oral fluid/blood/urine $2,200 Nil 12 months 6 months
Cocaine or Morphine in blood/urine: $2,200 Nil 12 months 6 months
DUI drug $3,300 12 months 3 years 12 months
Refuse undergo oral fluid test $5,500 18 months 5 years 12 months
Refuse to supply blood sample $5,500 18 months 5 years 12 months
Alter amount of drug before oral fluid test $5,500 Nil 5 years 12 months
Driver involved in fatal accident fail to supply blood/urine sample $5,500 2 years 5 years 12 months
Fail on demand to provide sample of blood/urine $5,500 2 years 5 years 12 months

 

If you have been charged with any of the above drug driving charges then we strongly advise you to contact our office today to get an experienced and qualified drug driving lawyer Sydney on your case.

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