DUID | Drive under the influence of drugs
A Drug Driving charge is very different to a Drink Driving charge. The prosecution is not required to prove the driver was affected by drugs; they just need to establish that drugs were present at the time the driver was tested.
The NSW Police have the power to pull you over and ask you to participate in a Random Drug Test. The driver is required to undertake a “lick test”. If this test comes back positive, a second drug test will be carried out, and if this shows a positive reading, the driver will be charged
Which drugs can they test for?
The test administered by the Police for suspected Drug Driving can detect a range of drugs which include the following –
- Delta-9-tetrahydrocannibinol (THC or Cannabis)
- Speed or Ice
- MDMA (Ecstacy)
- Opiates (Heroin)
Random oral testing for drugs such as cannabis can detect the presence of this drug several hours after use. Urine tests can detect cannabis many days after use.
What should I do if I test positive?
If you have tested positive for drugs and been charged with Drug Driving, you should seek legal advice as soon as possible. Depending on the circumstances and the strength of the Police case a lawyer will be able to advise you whether to plead “guilty” and accept the charges or plead “not guilty.” and defend the charges
If found guilty of a first offence of Drug Driving the penalties may include a fine of up to $1,100 and automatic disqualification of your licence for up to 6 months. For a second or subsequent offence, the penalties are much higher.
We are here to help
Fourtree Lawyers have extensive experience assisting clients on the Central Coast with Drug Driving matters.
Our lawyers can explain and prepare you for your Court appearance and work with you to minimise the legal ramifications of your offence.
Instructing a solicitor to act on your behalf will ensure you fully understand your position and your options and will assist you in getting the best possible results for your particular case.
If you can establish a credible defence against your Drug Driving charge, you may be granted a Section 10 with no conviction recorded, no loss of licence and no criminal record.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.
If you wish to defend a Drug Driving charge, we will make submissions to the Court outlining any exceptional circumstances particular to your case.
Possible defences for Drug Driving include:
- Medicinal use – where the drugs were prescribed for a medical condition
- Honest and reasonable mistake – where you were not aware you had consumed drugs
- Duress – where the driver was threatened or coerced into driving
- Evidence improperly obtained
To see if any of these defences apply call our Drug Driving Lawyers on 1300 529 444 or a free case assessment.
Drug Driving is a criminal offence. If found guilty you will end up with a criminal record.
The penalty applied will depend on the Police Facts, the circumstances at the time and whether it is a first or repeat offence. The following penalties may be considered for Drug Driving -
- Section 10 no conviction recorded
- Fines from $1,100 to $3,300
- Good behaviour bond
- Community service order
- Suspended sentence
- Intensive correctional order
- Home detention
- Up to 12 month’s imprisonment
To find out which likely penalties apply call our Drug Driving Lawyers on 1300 529 444 or a free case assessment.
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I’d like to thank Kevin and Jane for meeting me on the weekend and saving me a trip to the central coast (without a licence). I’d also like to thank Paul Popescu for doing a fantastic job representing me on a serious driving charge, he gave me clear instructions on what I needed to do and he was spot on, I received the best possible sentence. I would highly recommend Fourtree Lawyers, they travel all over NSW.
We found Fourtree Lawyers on Google after hours. I called on a Sunday and got some good advice. So went in to meet Kevin on the Monday. The outcome was a section 10(1)(b). We were so pleased and relieved. Thank so much to Kevin and Jane!! Would definitely recommend Fourtree Lawyers! Worth every cent! – JM Terrigal
I was recommend to Fourtree Lawyers from a friend whom also experienced a serious driving infringement. My situation was slightly more serious, being charged with drive while suspended, shared with a reasonably extensive driving record, meant my chances of driving home were minimal. Kevin’s realistic and knowledgeable approach not only prepared & educated me upon all possible verdicts, but also supported me with all possible optimistic outcomes. Kevin’s extensive knowledge of the legal system, combined with the understanding of the Judges expectations, and vast life experience resulted with an outstanding result,...
I am very appreciative of the exceptional legal representation that Fourtree Lawyers provided us. Their help, support, and hard work given, gave us a wonderful outcome. If anyone was in a situation requiring legal help, Fourtree Lawyers would be my one and only recommendation, as I know from experience they will not give up till they achieve the very best results for you. I can not thank the team Fourtree Lawyers enough. Kerry