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What happens if I get caught drug driving in South Australia?
Words by Taylor Falting
If you are caught drug driving in South Australia, you will have to pay a fine and you will lose your licence.
Often people will come to us and say something along the lines of, “I got pulled over on the weekend and police made me do a drug test and it was positive for THC but I hadn’t smoked cannabis for two days before that.”
We then discuss the potential consequences and mandatory disqualification periods, but eventually comes the question:
“Will I still be able to drive for work?”
The short answer is ‘no’. But let us break it down for you…
Did you know that in South Australia, police have the power to pull you over on the side of the road and require you to submit to random drug and alcohol testing at any time?
A police officer may require you to submit to a drug screening test. If the drug screening test indicates the presence of a prescribed drug in your saliva, the police officer may require you to submit to an oral fluid analysis or blood test.
If you are detected driving with a prescribed drug in your system, it is likely that you will be charged with the offence of drug driving.
Currently (as at October 2024) a prescribed drug includes cannabis, methamphetamine and MDMA.
Even if you have been lawfully prescribed cannabis oil by your GP, this does not mean that you can legally drive with cannabis in your system.
What if I don’t think I had drugs in my system?
Get a blood test.
If you do not think you have drugs in your system, then you should always request a blood test kit from the police officer at the time. You should then proceed to the nearest hospital and get your blood taken by a registered nurse.
If you do not get a blood test, then you may not be able to challenge the offence.
Do I have to comply with the drug screening test?
Yes.
It is an offence to fail to comply with a request to submit to a drug screening test, oral fluid analysis, or blood test without good cause. If you are convicted of failing to comply, you will receive a mandatory 12 month licence disqualification.
Why should I get legal advice?
Because the penalties for drug driving are severe, it is important that you seek legal advice so that you are aware of any defences that may be available to you.
Because there are many steps to follow in order to run a successful defence.
Because we may be able to help you get your licence back sooner.
See more about drug driving penalities below.
Image by SAPOL Think! Road Safety drug driving campaign
Penalties for drug driving
First Offence
If it is your first offence for drug driving, you may be issued expiation notice for the offence. Police may also issue you with a driver direction notice or an immediate licence disqualification.
Once you receive the expiation notice, you may either pay the fine or elect to be prosecuted.
If you accept you were drug driving and you pay the fine on the expiation notice, you will receive a three month licence disqualification.
If you receive an expiation notice for drug driving and you dispute that you were driving with drugs in your system, it is critical that you seek legal advice before electing to be prosecuted. If you elect to be prosecuted for a first offence, the licence disqualification that you will be made to serve will increase from three (3) months to six (6) months.
Also once you pay the expiation notice, you have admitted that you were drug driving!
Second or subsequent offences
If you have been detected drug driving and you have been convicted of a previous drug or drink driving offence within the last five (5) years, then you will receive a summons to go to court at a later date.
If you plead guilty to drug driving in court, you will receive a fine and a mandatory licence disqualification for at least six (6) months. The length of the disqualification will increase depending on the number of previous offences for drink or drug driving that have been convicted of within the last five (5) years.
Our licence disqualifications for drug driving here in South Australia are mandatory. That means, that the court does not have the power to reduce the disqualification in any way.
CCL take aways:
- Don’t drive if you may still have drugs in your system!
- If police direct you to comply with a drug screen, oral fluid analysis or blood test, you must do it.
- If you think the roadside test is inaccurate, get a blood test.
- Always get legal advice.