Drug driving offences
We’ll help you make informed choices when facing a drug driving charge
In South Australia, it is an offence to drive a motor vehicle with illicit drugs in your body.
Illicit drugs are:
“Drug driving offences” refers to driving with drugs in your body. Such offences don’t require proof that your driving was impaired (affected) by the presence of the drugs in your body.
In South Australia, drug driving penalties include:
- Fines
- Licence disqualification
- Demerit points
- Imprisonment
The penalty depends on how the police charge the offence and whether you have any prior convictions or fines for drug or drink driving.
Because the potential penalties are serious, we recommend seeking legal advice if you’re charged with a drug driving offence.
Having some knowledge is an excellent starting point, so here’s some important information about drug driving offences and how traffic laws operate in South Australia.
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Frequently asked questions about drug driving offences
How do the police test drivers for drugs?
In South Australia, the police conduct random roadside drug tests, using saliva testing kits that are designed to detect:
- THC (cannabis)
- Methylamphetamine (speed, ice or crystal meth)
- MDMA (ecstasy)
- Cocaine.
The testing kits can also detect a combination of these drugs.
If the test is positive, the police may take another saliva sample to be tested in a laboratory. It may take a few weeks to process the test results, so in the meantime, the police may give you a
You may also receive an expiation notice for the offence.
Can I refuse to take a drug test?
It is an offence to refuse or fail to undertake a drug screening test. The penalty is a mandatory licence disqualification.
What happens if I’m issued with a drug driving expiation notice?
First drug driving offence
If you’re issued with an expiation notice for a first drug driving offence, you’ll receive a fine and four demerit points.
If you pay the expiation notice, you’ll receive a Notice of Licence Disqualification from the Registrar of Motor Vehicles. You must serve a mandatory three-month licence disqualification.
There’s no right to appeal this disqualification period, regardless of your circumstances.
For this reason, we recommend that you seek our legal advice before you pay the fine.
If you go over your demerit point limit, you may face a further demerit point disqualification that starts at the end of the mandatory disqualification.
What happens if I decide not to pay the expiation notice?
You can decide not to pay the expiation notice and instead choose to be prosecuted for drug driving. You’ll receive a summons, which is the starting point for a Court to work out how to manage and eventually decide your case.
If you’re found guilty of the offence, the mandatory minimum penalties are more than expiation notice penalties. They will include:
- A six-month mandatory licence disqualification, and
- A fine, and
- Four demerit points.
A second or subsequent offence will attract increased penalties.
Are there any defences to drug driving?
It is a defence to a drug driving charge if you can prove you didn’t knowingly consume any illicit drug.
However, drug driving laws are complex and police must follow special procedures before they can rely on evidentiary aids to prove the offence.
An evidentiary aid is a document that automatically counts as legal proof of the facts set out in that document, for example, that a drug testing device was used correctly. Because of this, it’s difficult to defend a charge where an evidentiary aid is used.
Drug driving offences are “strict liability”, which means that the prosecution doesn’t have to prove that you intended to commit the offence.
Generally, the only way to defend a drug driving charge is with a technical argument to exclude evidentiary aids, so the prosecution can’t prove the charge.
For these reasons, we recommend seeking our legal advice if you wish to defend a drug driving charge. Contact us to find out more about how we can help.
How we can help
Few traffic charges go to trial, and most are resolved by negotiation. However, if you need to keep your licence and it’s not possible to negotiate the charge, the only option is to go to trial.
Defending drug driving charges is complex and technical, but we’re experts in this area and known for our excellent results. We understand the legislation, the caselaw, and the various avenues available to avoid or minimise a licence disqualification.
We’ll discuss the risks and benefits of each option so you can make an informed decision. And if we don’t think you’ll avoid a licence disqualification, we’ll give you that advice.
Get in touch for more information about drug driving offences.