A drug driving allegation can put your licence, employment and independence at risk. Understanding the precise offence is important because driving with a prescribed drug present and driving under the influence are different charges with different consequences.
George Sten & Co has more than 50 years’ experience in criminal law. Our Sydney criminal defence lawyers can review the allegations, explain your options and prepare your matter for court.
Call (02) 9261 8640 or email georgesten@criminal-lawyer.com.au during business hours. For urgent legal assistance, call 0412 423 569, available 24 hours.
Two important provisions of the Road Transport Act 2013 (NSW) are:
Relevant provisions also extend to supervising a learner driver. The prosecution must establish the requirements of the particular charge.
A drug-presence offence does not generally require proof that your driving was visibly affected. Feeling sober does not necessarily mean that a specified drug is no longer detectable.
Roadside oral-fluid testing targets:
Separate provisions address morphine in blood or urine.
For more information about related charges, visit our drug driving offences page.
For matters resulting in a court conviction, the general penalties include:
| Consequence | First offence | Second or subsequent offence |
|---|---|---|
| Maximum court fine | $2,200 | $3,300 |
| Minimum licence disqualification | 3 months | 6 months |
| Automatic licence disqualification | 6 months | 12 months |
The automatic period applies unless the court makes a different order within its powers. The minimum period is not a guaranteed outcome.
Some eligible first offences can be dealt with by a penalty notice and a three-month licence suspension instead of prosecution in court. Obtain advice before deciding whether to pay a penalty notice or elect to have it determined by a court.
Whether an offence is treated as a first or subsequent offence depends on the statutory rules and relevant driving history.
Driving under the influence concerns whether alcohol or another drug affected the person. It can involve illegal drugs, prescription medicines or over-the-counter medication.
Having a prescription does not authorise driving while under the influence.
The offence can arise when a person:
The general maximum penalties under section 112 are:
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Maximum fine | $3,300 | $5,500 |
| Maximum imprisonment | 18 months | 2 years |
For driving or attempting-to-drive convictions, substantial licence disqualification can also apply. The general minimum periods are 12 months for a first offence and two years for a subsequent offence, with automatic periods of three and five years respectively.
The applicable consequences depend on the charge and circumstances. Combined alcohol-and-drug offending and other related offences can attract separate penalties.
Medicines can affect alertness, coordination and reaction time. Follow medical advice and discuss driving with your prescriber or pharmacist if a medicine may impair you.
A limited statutory medicinal-use defence may apply to a morphine-presence allegation. It does not provide a general defence to every drug-presence charge or to driving under the influence.
Our lawyers can assess whether the relevant defence requirements are supported by your prescription, dispensing records and other evidence.
NSW Parliament passed medicinal cannabis driving reforms in September 2026. The proposed operational scheme involves registration, eligibility requirements and other safeguards.
However, passage of legislation does not mean every prescribed patient can immediately drive with THC present. As at 30 October 2026, NSW Government information indicates implementation is expected in late 2026 or early 2027.
Do not assume that a prescription alone provides an exemption. Check the rules operating at the relevant time. Driving while impaired remains prohibited.
Police can conduct random roadside oral-fluid testing. A positive screening result can lead to further testing and laboratory analysis.
Blood and urine testing may also be used in specified circumstances, including suspected impairment and serious crashes.
Comply with lawful testing requirements and any direction prohibiting you from driving. Refusing a required test can itself lead to serious consequences.
There is no reliable waiting period that guarantees a negative test for every person. Detection varies, and feeling unaffected does not establish that driving is lawful or safe.
Keep all police paperwork, licence notices and relevant medication records. Note any deadlines and obtain advice promptly.
Our lawyers can assess the testing evidence, identify the applicable offence and explain whether to contest the allegation or prepare for sentencing. We can also advise on available licence-related options and their requirements.
If you have been charged with a drug driving offence, seek advice before making important decisions about your case.
Call (02) 9261 8640 or email georgesten@criminal-lawyer.com.au.
For urgent criminal law assistance, call 0412 423 569, available 24 hours.