In a step to crack down on drug driving, roadside drug testing has been expanded to allow for the detection of cocaine. The roadside saliva-based sample tests previously tested only for THC, methylamphetamine and MDMA.
If you test positive roadside for the presence of cocaine, THC, methylamphetamine and/or MDMA, the Police could charge you with one of the following offences:
- Driving under the Influence of Drug
Driving under the influence of a drug is treated the same as high range drink driving. However, Police do not have to prove a prescribed concentration of a drug, simply that the person is under the influence of the drug. If you are charged with Driving under the Influence of Drug, then there is a mandatory minimum disqualification of your drivers licence is 6 months for the first offence.
- Driving Whilst Relevant Drug Present in System
This is a slightly less serious charge. For the charge of Driving Whilst Relevant Drug Present, the police do not need to prove that the person was in any way affected by the drug, they just need to prove that the relevant drug was in their system.
If you are charged with Driving Whilst Relevant Drug Present in system, then there is a mandatory minimum disqualification of your drivers licence is 1 month for the first offence.
Our team specialise in traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.