Charges
Drug driving (presence of prescribed illicit drug)
Road Transport Act 2013 (NSW) s 111(1)
What is the maximum penalty for drug driving in NSW?
Maximum penalty. Fine only, no imprisonment. First offence: $2,200 (20 penalty units); second or subsequent offence: $3,300 (30 penalty units). Licence disqualification: first offence automatic 6 months (minimum 3 months); second or subsequent offence automatic 12 months (minimum 6 months).
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence is committed by driving (or occupying the seat next to a learner driver) while a prescribed illicit drug such as cannabis, MDMA, methamphetamine or cocaine is present in your oral fluid, blood or urine. It is a 'presence' offence: the prosecution does not need to prove you were affected by the drug or that your driving was impaired, only that the drug was detectable. It is separate from the more serious offence of driving under the influence.
How it is dealt with
Summary offence, dealt with in the Local Court
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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