I tested positive for drugs while driving — what happens now?
Here is what a drug-presence charge means, what the consequences are, and why the usual 'I did not know' argument does not work.
A person drives a motor vehicle (or occupies the driving seat and attempts to put it in motion), or supervises a learner driver, while a prescribed illicit drug — cannabis (THC), methylamphetamine, MDMA or cocaine — is present in their oral fluid, blood or urine.
| First offence | Second or later | |
|---|---|---|
| Automatic disqualification | 6 months | 12 months |
| Minimum disqualification a court can order | 3 months | 6 months |
| Maximum fine | $2,200 | $3,300 |
| Maximum prison | No prison for this offence | No prison for this offence |
| Alcohol interlock | No — interlock is for alcohol offences only | No — interlock is for alcohol offences only |
A first offence is often dealt with by a penalty notice plus a 3-month suspension, rather than a court attendance.
No disqualification · No fine · No criminal conviction. It is not automatic — the court weighs how serious it was and your circumstances — and it is not available if you have had one for drink or drug driving in the last 5 years.
Important: unknowingly taking the drug (for example, through a spiked drink) is NOT a defence. Drug-presence driving is an “absolute liability” offence in NSW (confirmed by the courts in 2024), which means if the physical act is proven, the offence will be proven. No mental element is required. The realistic challenges are about the evidence:
Want to know what this means for you?
The free guide walks your own charge through to court, step by step. For advice about your matter, speak to Hanna Legal.
The charge in full
- Presence of prescribed illicit drug while driving — Road Transport Act 2013 (NSW) s 111(1)
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