There are several different drug-driving offences under the Road Transport Act 2013 (NSW). The most common is driving with a prescribed illicit drug present in oral fluid, blood or urine, while a more serious offence may arise where police allege that a driver was actually under the influence of a drug.

At Chidiac & Associates, we provide experienced criminal and traffic law representation to people facing drug driving charges throughout Sydney and New South Wales.

We understand that losing a driver's licence can have significant consequences for employment, family responsibilities and everyday life. We carefully examine the circumstances of the traffic stop, the testing process, laboratory evidence and the particular offence charged.

Important: NSW is currently considering legislative reforms concerning medicinal cannabis and drug driving. The information below describes the law currently applicable and should be checked against the legislation in force at the time of your matter. A 2026 Bill proposing changes for certain registered medicinal cannabis users had been introduced into Parliament but should not be treated as law unless and until enacted and commenced.

What is Drug Driving?

In NSW, the most common drug driving offence involves driving while a prescribed illicit drug is present in a person's oral fluid, blood or urine.

The principal offence is contained in:

Section 111 of the Road Transport Act 2013 (NSW)

Section 111 prohibits a person from driving a motor vehicle while a prescribed illicit drug is present in their oral fluid, blood or urine.

The legislation also covers circumstances where a person occupies the driving seat and attempts to put the vehicle in motion and, in specified circumstances, where a licensed driver is supervising a learner driver.

Unlike a charge of driving under the influence, a section 111 charge does not necessarily require the Prosecution to establish that the driver was impaired or affected by the drug.

The central allegation is the presence of the prescribed illicit drug in the relevant sample.

Drugs Commonly Detected in NSW Drug Driving Tests

NSW roadside drug testing commonly tests for:

• THC — the active component of cannabis;
• methylamphetamine — commonly known as ice or speed;
• MDMA — commonly known as ecstasy; and
• cocaine.

NSW Government information states that roadside testing uses an oral-fluid saliva sample and that a further laboratory test is undertaken where the initial testing process produces a positive result.

Legislation — Section 111 Road Transport Act 2013

Section 111(1) provides that a person must not, while a prescribed illicit drug is present in their oral fluid, blood or urine:

• drive a motor vehicle;
• occupy the driving seat of a motor vehicle and attempt to put the vehicle in motion; or
• in specified circumstances, occupy the seat next to a learner driver.

The maximum penalty under section 111 is:

First offence

20 penalty units

Second or subsequent offence

30 penalty units

The current statutory maximums are confirmed by the Road Transport Act 2013.

What is a Prescribed Illicit Drug?

The legislation identifies particular substances as prescribed illicit drugs for the purposes of the drug-driving provisions.

The most commonly encountered substances are:

• THC;
• methylamphetamine;
• MDMA; and
• cocaine.

Morphine is dealt with separately under section 111(3), concerning its presence in blood or urine.

The precise substance alleged should always be checked against the charge and laboratory evidence.

Drug Driving Does Not Necessarily Mean You Were "High"

One of the most important distinctions in NSW drug-driving law is the difference between:

Drug presence

and

Driving under the influence of a drug.

A section 111 Prosecution concerns the presence of a prescribed illicit drug.

A person may therefore be charged even where they do not believe they were affected by the drug at the time they drove.

This is different from section 112, which concerns driving or attempting to drive while under the influence of alcohol or another drug.

For a section 112 Prosecution, the Prosecution alleges that the driver was actually under the influence of the drug.

Section 112 — Driving Under the Influence of a Drug

A significantly more serious allegation can arise under section 112 of the Road Transport Act 2013.

Section 112 provides that a person must not, while under the influence of alcohol or another drug:

• drive a vehicle;
• occupy the driving seat and attempt to put the vehicle in motion; or
• in specified circumstances, occupy the seat next to a learner driver.

The maximum penalty for a first offence is:

30 penalty units or 18 months' imprisonment, or both

For a second or subsequent offence:

50 penalty units or 2 years' imprisonment, or both

This distinction can be extremely important because a section 112 charge exposes a person to imprisonment, whereas a straightforward section 111 presence offence does not carry a term of imprisonment.

What Must the Prosecution Prove?

The elements depend upon the particular offence charged.

For a section 111 allegation, the Prosecution generally needs to establish:

1. The Accused Was Driving a Motor Vehicle

The Prosecution must establish that the accused was driving the relevant vehicle, or engaged in one of the other forms of conduct covered by section 111.

2. A Prescribed Illicit Drug Was Present

The Prosecution must establish beyond reasonable doubt that a prescribed illicit drug was present in the relevant:

• oral fluid;
• blood; or
• urine.

3. The Drug Was Present at the Relevant Time

The evidence must connect the presence of the drug with the relevant driving conduct.

Laboratory evidence and the chain of testing can therefore be important.

Roadside Drug Testing

NSW Police conduct roadside drug testing using oral-fluid samples.

The process generally involves:

1. A driver is stopped by police.
2. Police conduct an initial roadside saliva test.
3. If the initial test produces a positive result, a further sample is obtained.
4. The sample is subjected to laboratory analysis.
5. The laboratory result may form the basis of the Prosecution.

NSW Government information confirms that roadside testing can occur during random drug testing operations or when police stop a driver.

What Happens After a Positive Roadside Test?

A positive roadside test does not necessarily mean that the final laboratory process has already established the offence.

A further sample may be obtained for laboratory testing.

The laboratory evidence may become central to the Prosecution case.

At Chidiac & Associates, we can examine:

• the roadside testing process;
• the relevant samples;
• laboratory results;
• testing documentation;
• sample handling;
• continuity;
• the identity of the sample;
• timing;
• police records; and
• other evidence relied upon by the Prosecution.

Challenging a Drug Driving Charge

A drug driving charge should not simply be accepted because a roadside test produced a positive result.

The circumstances of the testing and the evidence relied upon should be examined carefully.

Potential issues may include:

• whether the testing procedure was properly followed;
• whether the correct person was tested;
• whether the correct sample was analysed;
• whether the sample was properly identified;
• whether the evidence establishes continuity;
• whether laboratory procedures were properly followed;
• whether the analytical evidence is reliable;
• whether there are inconsistencies in police records;
• whether the relevant statutory requirements were satisfied; and
• whether the Prosecution can establish the offence beyond reasonable doubt.

The appropriate defence will depend upon the evidence in the individual matter.

The Difference Between a Roadside Result and Laboratory Evidence

A roadside saliva test is generally an initial screening mechanism.

Where the relevant process continues to laboratory analysis, the laboratory evidence may become particularly important.

The defence may need to consider:

• what sample was collected;
• how it was collected;
• when it was collected;
• how it was labelled;
• how it was transported;
• how it was stored;
• what testing methodology was used; and
• what result was obtained.

These matters may be relevant to the reliability and admissibility of the evidence.

Prescription Medication and Drug Driving

Prescription medication requires particular care.

The NSW drug-driving regime distinguishes between different substances and offences.

A person who takes prescription or over-the-counter medication should follow medical advice and the manufacturer's instructions. NSW Government advises drivers who are concerned about driving while taking medication to discuss the issue with their doctor.

The fact that a substance was prescribed does not automatically mean that every drug-driving offence will be unavailable.

The precise substance, the applicable provision and the circumstances should be considered.

Medicinal Cannabis and Drug Driving

Medicinal cannabis is an important and developing area of NSW law.

As at August 2026, the NSW Government has proposed reforms that would create an exemption from the ordinary drug-presence offence for certain registered medicinal cannabis users, subject to specified safeguards and conditions. The proposed reforms include requirements concerning the absence of other prescribed illicit drugs and alcohol and restrictions applying to certain categories of drivers.

However, the 2026 proposal should not be treated as an existing defence unless the relevant legislation has actually been passed and commenced.

Anyone charged with drug driving involving medicinal cannabis should obtain advice about the law applying on the date of the alleged offence and the date of the proceedings.

Drug Driving and THC

THC is the principal psychoactive component of cannabis and is one of the substances tested for under the NSW roadside drug-testing system.

A person may therefore face a section 111 allegation where THC is detected in the relevant sample.

The legal question under the ordinary presence offence is different from whether the driver subjectively felt impaired.

This is one reason why people charged with drug driving should obtain advice about the specific section charged rather than assuming that the Prosecution must prove they were visibly affected by cannabis.

How Long Can Drugs Be Detected?

The period during which a drug may be detectable can vary substantially depending upon:

• the drug involved;
• the person's metabolism;
• frequency of use;
• amount consumed;
• method of consumption;
• timing;
• the type of sample tested; and
• the sensitivity and methodology of the testing process.

For legal purposes, however, the important issue is not simply whether a person remembers being affected by a drug.

The question may instead concern whether the relevant drug was present in the sample in accordance with the statutory offence.

First Offence — Section 111

For a first offence involving the presence of a prescribed illicit drug under section 111, NSW Government currently identifies the following consequences:

• maximum Court fine: $2,200;
• minimum disqualification: 3 months;
• maximum disqualification: 6 months;
• automatic disqualification: 6 months; and
• penalty notice fine: $722, where the matter is dealt with by penalty notice.

A first section 111 offence does not carry a term of imprisonment.

Second or Subsequent Drug Driving Offence

For a second or subsequent section 111 offence, the current NSW penalties include:

• maximum Court fine: $3,300;
• minimum disqualification: 6 months;
• maximum disqualification: unlimited;
• automatic disqualification: 12 months; and
• no maximum imprisonment term for the section 111 presence offence itself.

Whether an offence is treated as a second or subsequent offence can depend upon the person's previous driving offences and the applicable statutory provisions.

Drug Driving Penalties — Summary

The precise penalty can depend upon the charge, prior offences, whether the matter is dealt with by penalty notice or Court, and the circumstances of the offending.

Immediate Licence Suspension

A person charged with a drug-driving offence may also face immediate licence consequences.

NSW Government states that drug-driving offences involving the presence of prescribed illicit drugs can result in immediate licence suspension in relevant circumstances, particularly where the matter is dealt with by penalty notice.

The timing and nature of the suspension should therefore be considered separately from the eventual Court outcome.

Appealing a Licence Suspension

Where a person receives a penalty notice and immediate suspension, there may be circumstances in which they can elect to have the matter dealt with by a Court and challenge the suspension.

The applicable procedure depends upon the particular notice and offence.

At Chidiac & Associates, we can advise about available options and the consequences of electing to have a matter determined by a Court.

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Disqualification Periods

Licence disqualification is often one of the most significant consequences of a drug-driving conviction.

For a section 111 first offence, the current minimum disqualification is:

3 months

For a second or subsequent offence:

6 months

The maximum disqualification can be unlimited for a second or subsequent offence.

Automatic Disqualification

The legislation also provides for automatic disqualification periods.

For a section 111 offence, NSW Government currently identifies:

First offence

6 months automatic disqualification

Second or subsequent offence

12 months automatic disqualification

The Court may have powers to impose a different period where the legislation permits.

Driving Under the Influence — A More Serious Charge

A person may face a section 112 charge where police allege that they were under the influence of a drug rather than merely having a prescribed drug detected.

The Prosecution of a DUI allegation can therefore involve evidence concerning the person's driving and physical or mental condition.

Police may rely upon:

• driving behaviour;
• observations by police;
• speech;
• coordination;
• physical appearance;
• behaviour;
• admissions;
• witness evidence;
• blood testing;
• urine testing; and
• expert evidence.

This can make a section 112 Prosecution substantially different from a straightforward section 111 presence charge.

Defending a Driving Under the Influence Charge

Where section 112 is alleged, the defence may examine whether the Prosecution can establish that the accused was actually under the influence of the relevant drug.

Potential issues may include:

• the accused was driving normally;
• police observations are inconsistent;
• the alleged symptoms have another explanation;
• the evidence concerning impairment is unreliable;
• the drug detected does not establish impairment;
• medical evidence provides an alternative explanation;
• the testing evidence is unreliable; or
• the Prosecution cannot establish the necessary elements beyond reasonable doubt.

The precise defence depends upon the circumstances.

Combined Drug and Drink Driving

A person may also face a combined alcohol and drug driving offence where alcohol and a prescribed illicit drug are detected.

These offences can carry substantially greater penalties than a standalone section 111 presence offence.

For example, a first offence involving high-range PCA and prescribed illicit drug presence can carry a maximum penalty of:

$5,500 fine and/or 2 years' imprisonment

with a minimum disqualification period of:

18 months

The applicable consequences become more severe for subsequent offences.

High Range Alcohol and Drug Driving

Under section 111A, combined high-range alcohol and prescribed illicit drug offending can carry:

First offence

50 penalty units or 2 years' imprisonment, or both

Second or subsequent offence

100 penalty units or 2 years' imprisonment, or both

The legislation also provides substantial disqualification consequences.

A person facing a combined drug and alcohol allegation should therefore obtain legal advice promptly.

Refusing a Drug Test

Drivers are generally required to comply with lawful requests by police to provide the relevant samples.

Refusing to provide a required sample can itself constitute a criminal offence.

NSW Government currently identifies maximum penalties for refusing certain required samples of:

First offence

$3,300 fine

Second or subsequent offence

$5,500 fine and, in specified circumstances, imprisonment

The applicable maximum imprisonment can be up to 18 months for a second or subsequent offence for certain refusal offences.

Refusing a test should therefore not be regarded as a way of avoiding a drug-driving Prosecution.

What Happens if the Roadside Test Is Positive?

A positive roadside result can lead to further testing.

You may be required to provide an additional sample for laboratory analysis.

NSW Government advises that drivers must not drive while waiting for the results of further testing.

If a charge is subsequently brought, the laboratory evidence should be carefully reviewed.

Evidence in Drug Driving Cases

The Prosecution may rely upon:

• police body-worn video;
• roadside testing records;
• laboratory reports;
• oral-fluid samples;
• blood samples;
• urine samples;
• police notebook entries;
• observations of driving;
• police observations of the driver;
• admissions;
• witness evidence;
• CCTV; and
• other documentary or electronic evidence.

At Chidiac & Associates, we review the available evidence to determine whether the Prosecution can establish the offence.

Challenging Laboratory Evidence

Laboratory evidence can be particularly important in a contested drug-driving matter.

The defence may need to consider:

• the identity of the sample;
• the collection procedure;
• sample continuity;
• storage;
• transportation;
• laboratory methodology;
• testing procedures;
• analytical results;
• quality-control procedures; and
• whether the result establishes the substance alleged.

Where appropriate, expert evidence may also need to be considered.

Drug Driving and Prescription Medication

There is an important distinction between:

• the presence of a prescribed medication;
• the presence of an illicit drug; and
• being under the influence of a drug.

The applicable offence depends upon the substance and the statutory provision relied upon.

A person should not assume that taking medication according to a prescription automatically resolves a drug-driving allegation.

Conversely, the fact that a substance was detected does not necessarily mean that every possible drug-driving offence has been established.

Special Circumstances and Sentencing

Where a drug-driving matter proceeds to sentencing, the Court may consider the individual circumstances of the offence and offender.

Relevant matters can include:

• the person's driving history;
• previous traffic offences;
• previous drug-driving offences;
• the type of substance;
• the circumstances of consumption;
• the person's personal circumstances;
• employment requirements;
• family responsibilities;
• health or medical circumstances;
• remorse;
• rehabilitation;
• the need for a licence;
• whether the person has undertaken counselling or treatment; and
• any other relevant sentencing considerations.

For a straightforward section 111 offence, the Court's powers differ from those available for a section 112 DUI offence.

The Importance of Your Driving Licence

Losing a licence can have serious consequences.

For many people, a driver's licence is essential for:

• employment;
• business;
• childcare;
• family responsibilities;
• medical appointments;
• education;
• regional travel; and
• everyday activities.

At Chidiac & Associates, we ensure that the Court is provided with relevant and properly prepared information concerning the practical consequences of disqualification where those matters are legally relevant.

Preparing Your Defence

At Chidiac & Associates, we can assist by:

• reviewing the charge;
• examining the police facts;
• reviewing testing documentation;
• examining laboratory reports;
• assessing the testing process;
• reviewing police body-worn video;
• considering available evidence;
• advising on possible defences;
• negotiating with the Prosecution where appropriate;
• representing clients in the Local Court;
• preparing sentencing submissions;
• making submissions concerning licence consequences; and
• advising on appeals where appropriate.

Possible Defence Issues in Drug Driving Matters

Depending upon the circumstances, a defence may involve:

• challenging whether the accused was driving;
• challenging the identity of the driver;
• challenging the testing process;
• challenging the sample;
• challenging continuity;
• challenging laboratory evidence;
• challenging the reliability of police observations;
• challenging an alleged admission;
• questioning whether the statutory requirements were satisfied;
• raising an issue concerning the applicable drug;
• considering whether an applicable statutory exception or defence exists; or
• establishing that the Prosecution has failed to prove an essential element beyond reasonable doubt.

Every matter is different.

Drug Driving and Guilty Pleas

A guilty plea should be considered carefully.

Before entering a plea, a person should understand:

• the exact charge;
• the evidence relied upon;
• the applicable penalty;
• the likely disqualification period;
• whether there are potential defence issues;
• whether the matter can be dealt with by penalty notice or must proceed to Court;
• the consequences for their licence; and
• the sentencing options available to the Court.

At Chidiac & Associates, we provide advice before clients make decisions about their plea.

Why Choose Chidiac & Associates?

Drug-driving matters can appear straightforward because the charge may be based upon a test result.

However, the legal and evidentiary issues can be more complicated.

At Chidiac & Associates, we carefully consider:

• the precise charge;
• the applicable legislation;
• the testing procedure;
• laboratory evidence;
• police observations;
• continuity of samples;
• previous traffic history;
• potential defence issues;
• licence consequences; and
• sentencing options.

Our approach is built on thorough preparation, strategic advice and strong Courtroom advocacy.

How Chidiac & Associates Can Help

At Chidiac & Associates, we can assist clients facing:

• drug driving charges;
• section 111 offences;
• driving with THC detected;
• driving with methylamphetamine detected;
• driving with MDMA detected;
• driving with cocaine detected;
• morphine-related driving offences;
• driving under the influence of drugs;
• combined drug and alcohol driving offences;
• allegations concerning medicinal cannabis;
• refusal to provide drug samples;
• licence suspension;
• licence disqualification;
• Local Court proceedings;
• sentencing; and
• appeals.

We provide representation throughout Sydney and New South Wales.

Contact Our Drug Driving Lawyers Sydney

If you have been charged with drug driving in NSW, it is important to obtain legal advice before deciding how to respond to the charge.

The consequences can extend beyond the fine itself and may include:

• immediate licence suspension;
• licence disqualification;
• a criminal conviction;
• substantial financial penalties;
• imprisonment for more serious drug-driving offences; and
• significant consequences for employment and family responsibilities.

For a standard section 111 presence offence, the current maximum Court fine is $2,200 for a first offence and $3,300 for a second or subsequent offence, with minimum disqualification periods of 3 months and 6 months respectively. A separate section 112 driving-under-the-influence offence carries substantially higher maximum penalties, including imprisonment.

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