Charged with drug driving?
A drug-driving charge can result in a court appearance and a period off the road, even where police do not allege that your driving was impaired. We can explain the charge, the licence consequences and the steps that may improve the way the matter is presented.
How we can help you
We can review the charge, testing material and your traffic history, explain the likely disqualification range and prepare the case around the issues that matter most to the court. If keeping your licence is particularly important for work or family, tell us early so that the preparation reflects that.
Before your court date
Keep your Court Attendance Notice, any roadside testing paperwork and correspondence about your licence. Tell us whether this is a first or subsequent relevant offence and whether you have an immediate work or family need for your licence.
Early preparation may include reviewing the charge and traffic history and gathering material relevant to sentence and licence consequences.
What the drug driving charge means
A drug driving charge is often less about whether you felt affected and more about whether a prescribed illicit drug was detected in your system. That distinction can be surprising. We can explain what the charge means, the licence consequences and what can realistically be achieved at court.
When police can charge you
The offence can apply when a person drives or attempts to drive while a prescribed illicit drug is present in their oral fluid, blood or urine. It can also apply in some circumstances to a person supervising a learner driver.
Police do not need to prove that the drug affected your driving for this particular offence. That is why the testing process, the exact charge and your prior traffic history matter.
Licence consequences and penalties
A first offence can result in a fine and a period of licence disqualification. A second or subsequent relevant offence exposes a person to higher penalties and a longer disqualification period.
The court still has discretion within the statutory framework, so preparation matters, particularly where your licence is important for work, caring responsibilities or family life.
What the court will look at
If the charge is admitted, preparation should focus on the issues that will actually matter to the court. That may include your traffic history, why you need a licence, your work and family responsibilities, and any steps you have taken since the offence.
We can help you decide what material is worth obtaining and present the case in a focused and credible way rather than simply handing the court a bundle of documents.
Preparing to speak with a lawyer
When you contact us, have your Court Attendance Notice, testing paperwork, traffic history and any licence correspondence available. Tell us your next court date and whether losing your licence would affect your work, caring responsibilities or family arrangements.
Sources
Road Transport Act 2013 (NSW) — section 111 and related drug-driving provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
