Drive motor vehicle with illicit drug present in oral fluid, blood or urine etc
Under section 111 of the Road Transport Act 2013, a person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug, drive a motor vehicle, occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion or supervise a learner driver.
Maximum penalty for unrestricted drivers driving Class A motor vehicles:
| Offence | Infringement Notice | Maximum Penalty that can be imposed by Local Court | Automatic/Mandatory Licence Disqualification |
| Drive vehicle with Illicit drug present in oral fluid, blood or urine (first offence) | $682 | $2,200 fine (maximum) | Automatic: 6 months
Minimum: 3 months |
| Drive vehicle with Illicit drug present in oral fluid, blood or urine (second offence +) | Not applicable | $3,300 fine (maximum) | Automatic: 12 months
Minimum: 6 months |
Drive with PCA and Illicit Drug in System
Under section 111A of the Road Transport Act 2013, a person must not drive a motor vehicle, attempt to drive a motor vehicle or accompany a learner driver, while there is present in the person’s breath or blood a prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug.
Maximum penalty for unrestricted drivers driving Class A motor vehicles:
| Offence | Infringement Notice | Maximum Penalty that can be imposed by Local Court | Automatic/Mandatory Licence Disqualification | Interlock Period |
| Low Range PCA and Illicit Drug (with previous conviction of drink/drug driving offence) | Not applicable | 18 months imprisonment and/or $5,500 fine | Without Interlock Device Automatic: 2 yearsMinimum: 18 months With Interlock Device Minimum: 1 month |
12 months (minimum) |
| Mid Range PCA and Illicit Drug (first offence) | Not applicable | 18 months imprisonment and/or $3,300 fine | Without Interlock Device Automatic: 2 yearsMinimum: 12 months With Interlock Device Minimum: 3 months |
12 months (minimum) |
| Mid Range PCA and Illicit Drug (second offence +) | Not applicable | 2 years imprisonment and/or $6,600 fine | Without Interlock Device Automatic: 4 yearsMinimum: 2 years With Interlock Device Minimum: 6 months |
24 months (minimum) |
| High Range PCA and Illicit Drug (first offence) | Not applicable | 2 years imprisonment and/or $5,500 fine | Without Interlock Device Automatic: 4 yearsMinimum: 18 months With Interlock Device Minimum: 6 months |
24 months (minimum) |
| High Range PCA and Illicit Drug (second offence +) | Not applicable | 2 years imprisonment and/or $11,000 fine | Without Interlock Device Automatic: 6 yearsMinimum: 3 years With Interlock Device Minimum: 9 months |
48 months (minimum) |