Our Drug Driving Lawyers are Frequently Asked
What Is Drug Driving
There are two offences under the Road Traffic Act 1961 (SA) that relate to drug driving:
- Driving with a prescribed drug in oral fluid or blood (PCA) [s 47BA]
- Driving under the influence of alcohol or drugs (DUI) [s 47]
Driving with a Prescribed Drug in oral fluid or blood
It is an offence for a person to drive, or attempt to put a motor vehicle in motion, whilst a prescribed drug is present in his or her oral fluid or blood.
The following are a prescribed drug for the purposes of this offence:
- THC (cannabis)
- Methylamphetamine (meth, ice, speed)
- MDMA (ecstasy)
Drug saliva tests can only detect the presence of THC, methylamphetamine and MDMA. Where a roadside test is positive, police have the power to conduct either a further saliva test or a blood test. If the test is positive, you may face charges of driving with a prescribed drug in oral fluid or blood. Before charges can be laid the presence of drugs must be confirmed by laboratory testing. The saliva test is mandatory and there are penalties for drivers who refuse to cooperate.
If you are under the influence of a drug, other than a prescribed drug (either prescription or illicit), you may still be charged with the offence of ‘driving under the influence’.
What Is The Penalty For Drug Driving?
The penalty imposed for drug driving varies depending on whether or not you have committed a drug driving offence before.
- First offence: $900 fine, minimum 3-month licence disqualification and 4 demerit points.
- Second offence: $1,200 fine, minimum 6-month driver’s licence disqualification and 4 demerit points.
- Third offence: $1,800 fine, minimum 12-month driver’s licence disqualification and 4 demerit points