Drug Driving Laws in SA 

In South Australia, ‘drug driving’ is an offence of driving with prescribed drug in oral fluid.  Prescribed drugs include: 

– THC / cannabis.

– Methylamphetamine.

– MDMA.

– Cocaine.  

In South Australia, Police are able to conduct random stops for testing such as alcohol  and drugs. This applies to all road users. So, if you are driving a motor vehicle on a  public road, you can be subjected to alcohol and / or drug testing.  

In practice, testing for drugs in oral fluid starts with a ‘lick stick’. This is a plastic device  (usually blue) handed to you by Police for you to drag down your tongue. This is a  presumptive test; if this test returns a positive result, you will then be subjected to  further oral fluid testing. The secondary testing does not return an immediate result,  rather it is sent to the laboratory for testing. If this test returns a positive result, you may  then be charged with drug driving.  

To prove drug driving, Prosecution must prove that the person either drove, or attempted  to put a vehicle in motion, whilst a prescribed drug is present in their oral fluid.  

The penalties for drug driving can be severe, including licence disqualification and fines.  For a first offence of drug driving, an expiation notice (fine) will be issued, and payment  of that triggers a licence disqualification of at least 3 months. This is a mandatory  response to the payment of the expiation notice. If you receive a Summons to go to  Court, the mandatory minimum licence disqualification is 6 months, and you also face  being convicted (that is, getting a criminal record). 

In South Australia, it is not currently a defence to a charge of drug driving to prove that  you are prescribed the drug. That means that if you are prescribed medicinal cannabis,  it is still an offence to drive with that drug in your oral fluid.  

If you receive an expiation notice or Summons for a drug driving offence, it is best to get  legal advice early. The penalties for drug driving are severe and getting the right advice  might be the difference between losing your licence and keeping your licence.