Under Section 111 of the Road Transport Act 2013 (NSW), it is an offence to drive or attempt to drive a motor vehicle while a prescribed illicit drug is present in your oral fluid, blood, or urine. This includes drugs such as cannabis, MDMA, and cocaine. You can be charged even if the drug has not impaired your ability to drive. The offence also applies if you:
Drive a motor vehicle, or
Sit in the driver’s seat and try to start or move the vehicle, or
Supervise a learner driver while holding a full (unrestricted) licence.
First offence: Up to 20 penalty units. 3-month minimum driver’s license disqualification period and maximum period of 6 months.
Second or subsequent offence: Up to 30 penalty units. 6-month minimum driver’s license disqualification period and maximum period of 12 months.
If you have been charged with driving with an illicit drug present in your system, it is important to seek legal advice as early as possible. Early advice gives you the best opportunity to properly prepare for sentencing, including gathering relevant material such as a personal letter to the Court, character references, or a letter from your employer.
You may also be advised to complete certain programs or courses that demonstrate your commitment to rehabilitation and responsible driving. This preparation can significantly improve your chances of receiving a more favourable outcome and, in some cases, may help you avoid losing your driver’s licence—particularly if retaining it is essential for your work or family responsibilities. The team at ED Legal can guide you through every step of the process.
