Drug Driving Charges and Penalties

We specialise in Drug Related Traffic Offences in Adelaide, South Australia

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Drug Driving Charges South Australia

A Drug Driving Charge, like Drink Driving, will give many the first taste of the criminal justice system.
It can be extremely daunting for many. The following sections have been written by experienced lawyers to inform people charged with a Drug Driving Offence about the penalties that are likely to be imposed by South Australian Courts.

Driving with a Prescribed Drug in Oral Fluid or Blood

A person who has driven or attempted to put a motor vehicle in motion while a prescribed drug is present in his or her oral fluid or blood is guilty of this offence. The maximum penalty for this charge depends upon whether the offender is a first or repeat offender as shown in the “Drug Driving Penalties” Table. In either case, the starting point would be that a $1,300 fine is imposed and the driver’s license disqualified for 3 months.

Defined Terms

Prescribed Drug: A Prescribed Drug is delta-9-tetrahydrocannabinol, methylamphetamine and 3,4-methylenedioxymethamphetamine (MDMA).
Minimum Period of Disqualification: This is the minimum period of disqualification that a court can impose for a drink driving charge.
Maximum Fine: This is the maximum fine that must be paid by the offender.
Maximum Jail: This is the maximum amount of jail time the offender may undergo for an offence.
Automatic Disqualification: This refers to whether the offender’s license will be immediately disqualified.

Beating a Prescribed Drug Driving Charge

There are many circumstances in which there may be drug driving defences available to you. Click here for more info on how we can help you beat a Prescribed Drug Driving Charge.

Drug Driving Penalties

The penalties for such offences are summarized as follows:

Drug Driving Penalties
Offence Maximum fine Maximum jail time Minimum period of dis­qualification
First Offence – Drink driving penalties in South Australia – Road Traffic Act 1961 (SA)
Prescribed or Illicit Drug in Oral Fluid, Blood or Urine $1,300 N/A 3 months
Driving under the influence of Drug (DUI) $1,600 3 months 12 months
Refuse Drug Test (Fail to Comply) $1,300 N/A 6 months
Second Offence within a period of 5 years – Drink driving penalties in South Australia – Road Traffic Act 1961 (SA)
Prescribed or Illicit Drug in Oral Fluid, Blood or Urine $1,600 N/A 6 months
Driving under the influence of Drug (DUI) $2,900 6 months 3 Years
Refuse Drug Test (Fail to Comply) $2,200 N/A 2 Years
Third Offence within a period of 5 years – Drink driving penalties in South Australia – Road Traffic Act 1961 (SA)
Prescribed or Illicit Drug in Oral Fluid, Blood or Urine $2,200 N/A 12 months
Driving under the influence of Drug (DUI) $2,900 6 months 3 Years
Refuse Drug Test (Fail to Comply) $2,200 N/A 2 Years
Subsequent Offence within a period of 5 years – Drink driving penalties in South Australia – Road Traffic Act 1961 (SA)
Prescribed or Illicit Drug in Oral Fluid, Blood or Urine $2,200 N/A 2 Years
Driving under the influence of Drug (DUI) $2,900 6 months 3 Years
Refuse Drug Test (Fail to Comply) $2,200 N/A 2 Years
Drug Driving Charges

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Liptak Lawyers
Barristers & Solicitors

North Adelaide Office
262 Melbourne Street
North Adelaide

Tel : (08) 8366 6584
eMail : info@liptak-lawyer.com.au

Mob : 0457 543 007

 

Liptak Lawyers - North Adelaide Office

Liptak Lawyers
Barristers & Solicitors

61 Carrington St
Adelaide CBD
SA 5000

Tel : (08) 8366 6584
eMail : info@liptak-lawyer.com.au

Mob : 0457 543 007

 

Liptak Lawyers - Adelaide CBD Office