Drug Driving Offences in NSW: Penalties, Defences & Next Steps

Drug driving is one of the most common offences heard in NSW Local Courts. If you have been charged with a drug driving offence in New South Wales, the penalties can include fines, licence disqualification, and even imprisonment, depending on the nature of the charge and whether it is a first or subsequent offence.

At Morrisons Criminal and Traffic Law Specialists, our team of Accredited Specialists in Criminal Law based in Wollongong and Campbelltown represent clients charged with drug driving offences across the Illawarra, South Coast, Campbelltown and Southern Highlands every week.

Matthew Ward, Principal Solicitor at Morrisons, explains:

“The biggest misconception is that if you’re not caught with the drugs, then you can’t be charged. The charge simply is having the drug present in your system and driving a car.”

With roadside drug testing increasing significantly across NSW in recent years, understanding these offences, the penalties they carry, and your legal options is more important than ever.

What Is a Drug Driving Offence in NSW?

Under the Road Transport Act 2013 (NSW) (the Act), there are two main categories of drug driving offences:

Driving with a prescribed illicit drug present in your system (section 111): a strict liability offence where the mere presence of a drug is enough, and
Driving under the influence of a drug (section 112): a more serious offence where police must prove your driving was actually impaired

The Act also includes offences for refusing to provide an oral fluid, blood, or urine sample when required by police, which carry their own penalties including licence loss, fines, and imprisonment.

What Drugs Are Tested in a Roadside Drug Test in NSW?

NSW roadside drug testing (mobile drug testing, or MDT) screens oral fluid for four prescribed illicit substances:

THC (delta-9-tetrahydrocannabinol), the active ingredient in cannabis
Methylamphetamine, commonly known as ice or speed
MDMA (3,4-methylenedioxymethylamphetamine), commonly known as ecstasy
Cocaine

If morphine is detected in a blood or urine sample, this also constitutes an offence under the Act.

It is important to understand that this is a strict liability offence. This means that you do not have to know the drugs are in your system. Police do not need to prove your driving was impaired or that a minimum threshold was reached. Any detectable presence of a prescribed illicit drug is enough.

How Long Do Drugs Stay in Your System?

One of the most common questions people ask after being charged, or after recreational drug use, is how long substances remain detectable. Many people assume they will be clear by the next day. This is often wrong.

Matthew Ward explains:

“People think the next day they’ll be fine. That is rarely the case. I’ve had cases involving cocaine that can be up to a week. Marijuana or cannabis certainly lasts a lot longer.”

Detection windows vary depending on the substance, frequency of use, metabolism, and the type of test (oral fluid vs blood vs urine). As a general guide:

Cannabis (THC): may be detected in oral fluid for 12-24+ hours, longer in blood and urine. Heavy users can test positive many days and even weeks later
Methylamphetamine (ice/speed): typically detectable for 24-48 hours in oral fluid
MDMA (ecstasy): detectable for approximately 24-48 hours
Cocaine: may be detectable for several days in some cases

These are approximate ranges only. Individual results vary, and there is no safe “wait time” that guarantees a negative result.

Can You Drive With Prescribed Cannabis in NSW?

This is an area that surprises many people. In NSW, it is an offence to drive with THC in your system, even if you hold a valid prescription for medicinal cannabis.

Matthew Ward also advises:

“In New South Wales, it is an offence to drive with cannabis in your system, even if you are lawfully prescribed it. How ridiculous is it that you can be prescribed a substance for treatment but then be charged with an offence.”

There are currently changes being made, which are not yet in force, which will change the way drivers who have medicinal cannabis in their system are dealt with. These will likely be implemented in 2026 and will include a medical defence if certain criteria are met.

What Are the Penalties for Drug Driving in NSW?

Driving With a Prescribed Illicit Drug Present (Section 111)

First offence:

Fine of up to $2,200
Licence disqualification: automatic 6 months, minimum 3 months

Second or subsequent offence:

Fine of up to $3,300
Licence disqualification: automatic 12 months, minimum 6 months

Driving Under the Influence of a Drug (Section 112)

This is a more serious charge. To prove it, police must show that you were actually affected by the drug and that your driving was impaired in some way.

First offence:

Fine of up to $3,300
Imprisonment of up to 18 months
Licence disqualification: automatic 3 years, minimum 12 months

Second or subsequent offence:

Fine of up to $5,500
Imprisonment of up to 2 years
Licence disqualification: automatic 5 years, minimum 2 years

Refusing a dDrug tTest

If a police officer requires you to undergo an oral fluid test, sobriety assessment, or provide a blood or urine sample and you refuse, you may be charged with a separate offence. Penalties for refusal can mirror those for the substantive offence.

What Happens When Police Suspend Your Licence?

If you test positive during a roadside drug test, police may immediately suspend your licence and issue a penalty notice (on-the-spot fine).

If you are charged with driving under the influence of a drug, police may immediately suspend your licence and issue a Court Attendance Notice.

Any time spent off the road under a police suspension can be taken into account if you are later convicted and disqualified by a court.

You are entitled to appeal a police licence suspension at a Local Court. If you received a penalty notice, you can also elect to have the matter heard in court to seek a more lenient outcome. However, it is essential to get legal advice before making this election, as the process carries risks.

Can You Avoid a Conviction for Drug Driving?

In some cases, a court may choose not to record a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This means the offence is dismissed or a conditional release order is made without a conviction being recorded.

However, there are important limits on this. If you have previously received a non-conviction order for a drug driving offence, you may not be eligible for another one within a certain period (5 years).

Matthew Ward explains a scenario his team has seen:

“Because she got no conviction for the first offence, the law says she can’t get no conviction for this second offence because of a part of the law that says she can’t get two non-convictions within a certain number of years.”

This is a trap many people fall into. A first offence dealt with leniently does not mean a second offence will be treated the same way, even if the circumstances are similar.

Real Scenarios: How Drug Driving Charges Affect Everyday People

Drug driving charges affect people from all walks of life. Two common scenarios illustrate how quickly things can escalate.

The festival weekend. A young apprentice uses cocaine at a music festival on a Thursday night. By Saturday, feeling completely fine, he drives to his workshop. He is pulled over for a random roadside drug test and returns a positive reading for cocaine. His apprenticeship requires a valid driver’s licence, putting his entire career at risk from a single charge.

The prescribed cannabis user. A woman is lawfully prescribed medicinal cannabis. She is stopped by police and returns a positive oral fluid test for THC. She receives an infringement notice and elects to go to court, where she receives a non-conviction order. Six months later, she is caught again. This time, the law prevents her from receiving a second non-conviction. She is convicted, loses her licence, and now has a criminal record. (Note there are currently legal changes being made that would impact this scenario).

What Should You Do iIf You Are Charged With Drug Driving?

If you have been charged with a drug driving offence in NSW, there are several steps you should take:

Get legal advice early. Speaking with a specialist criminal lawyer before your court date gives you time to prepare strategically.
Do not assume the worst. Being charged does not automatically mean conviction or loss of licence. Your options depend on the specific charge, your history, and the evidence.
Gather supporting material. Character references, employment letters, evidence of steps taken to address drug use (such as counselling or treatment) can all influence the outcome.
Do not pay a penalty notice without considering your options. Once a fine is paid, challenging the outcome becomes significantly harder.
Understand the charge. There is a meaningful difference between driving with a drug present in your system and driving under the influence (impairment). The penalties, defences, and court approach differ for each.

Matthew Ward advises:

“It’s not just we turn up on the day of court and we say what we want to say. It’s a combination of providing advice early on to do things strategically to put ourselves in the best position possible.”

Key Takeaways

Drug driving in NSW covers two main offences: having a prescribed illicit drug present (strict liability) and driving under the influence (requires proof of impairment).
Roadside drug tests screen for THC, methylamphetamine, MDMA, and cocaine. Any detectable amount is enough for a charge.
Prescribed medicinal cannabis is not a defence to drug driving in NSW, but this may change shortly.
Drugs can remain detectable for far longer than most people expect, particularly cannabis and cocaine.
Penalties range from fines and licence disqualification to imprisonment for more serious or repeat offences.
A non-conviction order may be available for a first offence, but eligibility is restricted if you have received one previously within 5 years.
Getting legal advice early is critical to understanding your options and preparing the strongest possible case.

Book a Free Consultation

If you or someone you know has been charged with a drug driving offence, Morrisons Criminal and Traffic Law Specialists offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW), and we represent clients across the Illawarra, South Coast, Southern Highlands, Campbelltown and Macarthur regions.

Drug Driving Offences in NSW: Penalties, Defences, and What