Drug Driving

Drug Driving Lawyer Sydney: Defending Drug Driving Charges in NSW

In NSW you can be charged with drug driving because a prescribed illicit drug was present in your saliva, blood or urine, even if you were not affected by it. A first presence offence can be dealt with by a penalty notice and a licence suspension of up to 3 months, while drug-affected driving carries much heavier penalties. An experienced drug driving lawyer in Sydney can tell you which offence you face, whether the evidence holds up, and how to protect your licence.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

What is the difference between drug presence and drug-affected driving?

The presence offence only requires that a prescribed illicit drug was detected, while the under the influence offence requires that you were affected. There are three main charges under the Road Transport Act 2013 (NSW):

• Presence of a prescribed illicit drug (s 111): driving with THC (cannabis), methylamphetamine (speed or ice), MDMA (ecstasy) or cocaine present in your oral fluid, blood or urine (ss 4, 111(1)). Section 111(3) separately covers morphine in blood or urine, with a defence where it came from medication taken as prescribed or directed (s 111(5)–(6)).

• Driving under the influence (s 112): driving while under the influence of alcohol or any other drug.

• Combined drink and drug driving (s 111A): driving with both an illicit drug present and alcohol in a prescribed range.

How does mobile drug testing work in NSW?

Police conduct roadside oral fluid tests. The test stick is wiped on your tongue and screens for the four prescribed illicit drugs. If it is positive, you give a second oral fluid test and a saliva sample, which is sent to a laboratory. Drivers are only charged if the laboratory confirms the presence of an illegal drug. For suspected drug-affected driving, police can require blood and urine samples.

Will I get a fine or go to court for drug driving?

A first presence offence can be dealt with by a penalty notice; most other charges go to court. If you have had no drink or drug driving penalty notice, or conviction for an equivalent offence, in the previous 5 years, police may issue a $722 penalty notice (Road Transport (General) Regulation 2021 (NSW) cl 134, Sch 5). If you pay it, Transport for NSW can suspend your licence for up to 3 months (s 59). That penalty notice still counts as a prior offence if you are convicted of a further offence within 5 years (s 9(2A)). If you receive a court attendance notice instead, the matter goes to the Local Court.

What are the penalties for drug driving in NSW?

Penalties depend on the offence and whether you have a prior offence within five years. On conviction, an automatic disqualification applies unless the court orders a different period, not below the minimum (s 205). Maximum fines below are based on a penalty unit of $110 (Crimes (Sentencing Procedure) Act 1999 (NSW) s 17).

• Drug presence (s 111): first offence maximum fine $2,200, 6 months automatic and 3 months minimum disqualification; second offence $3,300, 12 months automatic and 6 months minimum. No imprisonment.

• Drug driving under the influence (s 112): first offence $3,300 and 18 months imprisonment, 3 years automatic and 12 months minimum disqualification; second offence $5,500 and 2 years imprisonment, 5 years automatic and 2 years minimum.

• Combined drug and mid range alcohol (s 111A(2)): first offence $3,300 and 18 months imprisonment.

• Combined drug and high range alcohol (s 111A(1)): first offence $5,500 and 2 years imprisonment.

Combined offences are mandatory interlock offences: for a first offence, 3 to 6 months (mid range) or 6 to 9 months (high range) disqualification, then at least 12 or 24 months on an interlock. With an interlock exemption, disqualification is 2 years automatic, 12 months minimum (mid range) or 4 years, 18 months minimum (high range) (ss 205, 209, 211, 212). Refusing to provide an oral fluid sample for analysis carries a maximum fine of $3,300 and a 3-year automatic (6-month minimum) disqualification for a first offence (Sch 3 cl 17).

Can I fight a drug driving charge?

Yes, but because the presence offence does not require impairment, the defence focuses on evidence and procedure. We examine whether you were driving, whether the testing and sample handling were correct, and whether the laboratory certificate proves the charge. For an under the influence charge, the prosecution must prove you were actually affected, so police observations and medical evidence are critical. See defended hearings.

Can I drive if I use prescribed medicinal cannabis in NSW?

Not yet: at the time of review it remains an offence to drive with THC present, even with a prescription, because s 111 contains no medicinal cannabis defence. Parliament has passed the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Act 2026, but it had not commenced when this page was reviewed. Until it does, a positive test can lead to a presence charge, and you can always be charged with driving under the influence if impaired.

Can I get a section 10 for drug driving?

Yes, especially for a first presence offence. Under the Crimes (Sentencing Procedure) Act 1999 (NSW) s 10, the court can find you guilty but dismiss the charge or impose a conditional release order without recording a conviction, and then the automatic disqualification does not apply. The court weighs factors including your character and antecedents, the trivial nature of the offence and any extenuating circumstances (s 10(3)). A section 10 is not available for certain drink and drug driving offences if you received one for another such offence in the previous five years (Road Transport Act 2013 (NSW) s 203). Learn more about sentencing and penalties.

What should I do if I have been charged with drug driving?

Do not pay a penalty notice or plead guilty until you understand the consequences for your licence and any prior offences. Then:

1. Keep your court attendance notice, penalty notice, suspension notice and any laboratory paperwork.

2. Write down when you last used any substance or medication.

3. Gather character references and evidence of why you need your licence.

4. Consider the Traffic Offender Intervention Program before sentence.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start.

Frequently asked questions

Is it an offence to drive with cannabis in my system if I am not affected?

Yes. The presence offence in section 111 of the Road Transport Act 2013 (NSW) applies if a prescribed illicit drug, including THC, is present in your oral fluid, blood or urine, whether or not you were impaired. Being affected is relevant to the separate, more serious offence of driving under the influence under section 112.

What happens after a positive roadside drug test?

You give a second oral fluid test and a saliva sample, which is sent to a laboratory. You are only charged if the laboratory confirms the presence of an illegal drug. For an eligible first presence offence, police may then issue a penalty notice (if you pay it, your licence can be suspended for up to 3 months) or a court attendance notice.

How long will I lose my licence for a first drug driving offence?

If you are convicted in court of a first presence offence, the automatic disqualification is 6 months and the minimum is 3 months. If it is dealt with by penalty notice, Transport for NSW can suspend your licence for up to 3 months. A first offence of driving under the influence carries a 3-year automatic and 12-month minimum disqualification.

Can medicinal cannabis patients drive legally in NSW?

At the time of review, it is still an offence to drive with THC present, even with a prescription. Parliament has passed the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Act 2026, but it had not commenced at the time of review. Drug-affected driving remains an offence for everyone.

Can I avoid a conviction for drug driving?

Possibly. The court can dismiss the charge or impose a conditional release order without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), and no automatic disqualification then applies. A section 10 is not available if you received one for certain drink or drug driving offences in the past five years.

Why choose Invictus Legal as your drug driving lawyer in Sydney?

We specialise in drug driving, drink driving and licence matters, and appear in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown, Bankstown and Sutherland, and in the District Court on appeals. See our traffic law hub for related offences.

Call the office on 02 8553 0500, or our emergency line 0410 600 230 for urgent matters (for example, if you have just been charged, had your licence suspended on the spot, or have court tomorrow). You can also book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.