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In New South Wales, any driver of a motor vehicle, motorcycle rider or supervisor of a learner driver who is driving on a road or road related area can be required to take an oral fluid test to determine the presence of illicit drugs in their system.

If you submit to a roadside drug test and test positive to the preliminary oral fluid test, you will generally have to leave your vehicle and accompany a Police officer where you will need to provide the officer a second oral fluid sample. This second test is generally performed in a mobile Police support vehicle with the test being performed by a different drug testing device. Generally, this second test will take about twenty minutes or so to complete.

If you test positive to the second test, you will generally not be charged at this time, although, the Police will generally prohibit you from driving any vehicle for a period of twenty four hours. At this time, a portion of your second oral drug test will be forwarded to a testing laboratory for analysis. Once tested, if your sample is positive for the presence of illicit drugs, you will generally receive a Court Attendance Notice shortly after the initial roadside test was performed (usually within a few weeks).

The maximum penalties for drug driving are:

  • A maximum fine of $2,200,
  • A maximum term of imprisonment for 9 months,
  • A minimum disqualification period of 6 months,
  • An automatic disqualification period of 12 months,

Navado’s drug driving lawyers appear in drug driving matters in Courts across the Sydney area. If you have been charged with drug driving or driving under the influence of drugs, we recommend you contact one of our drug driving lawyers. Navado’s experienced traffic lawyers can give you legal advice about your drug driving offence and advise you on what options are available to you, when your matter is heard in Court. You can meet with our drug driving lawyers in our Sydney CBD office, or meet with us at one of our branch offices located conveniently across the Sydney including, North Sydney, Gordon, Bondi Junction and Liverpool.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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