Understand the NSW drug driving offence — how it differs from drink driving and DUI, the on-the-spot fine, court penalties, and your options including a Section 10 dismissal.
Under section 111 of the Road Transport Act 2013 (NSW), it is an offence to drive, or occupy the driving seat and attempt to put a vehicle in motion, while a prescribed illicit drug is present in your oral fluid, blood or urine.
This is fundamentally different to drink driving. There is no threshold or reading to exceed, and the prosecution does not need to prove you were impaired or that your driving was affected in any way. The mere presence of a detectable drug is sufficient for a conviction.
NSW roadside oral fluid testing commonly detects THC (cannabis), MDMA, methylamphetamine and cocaine. A positive result for any of these prescribed illicit drugs can lead to a charge, regardless of when you last used the substance or whether you felt any effect while driving.
| Penalty Notice (1st offence) | Court | |
|---|---|---|
| Fine | $704 | Up to $2,200 |
| Suspension/Disqualification | 3 months (administrative) | Automatic 6 months (court minimum 3 months) |
| Imprisonment | None | None |
| Conviction recorded? | No | Yes, unless Section 10 granted |
Choosing to challenge a penalty notice and go to court means you risk a criminal conviction being recorded, but it also opens the door to a Section 10 dismissal, which is not available through the penalty notice process.
If you have been charged under one of these sections and are unsure which applies to you, check your Court Attendance Notice or Field Court Attendance Notice carefully, as the penalties and defences differ significantly.
Even though drug driving is a fine-only offence, a well-prepared court submission can still make the difference between a conviction and a Section 10 dismissal.
No. Section 111 of the Road Transport Act 2013 is a presence-based offence — it is enough that a prescribed illicit drug is detected in your oral fluid, blood or urine while driving. The prosecution does not need to prove you were impaired or affected in any way.
Roadside oral fluid testing in NSW commonly detects THC (cannabis), MDMA, methylamphetamine (ice/speed) and cocaine. A positive detection of any of these prescribed illicit drugs, regardless of the amount, can result in a charge.
For a first offence, NSW Police commonly deal with the matter by way of an on-the-spot penalty notice of $704, together with an administrative 3-month licence suspension by Transport for NSW. This does not result in a criminal conviction.
The maximum court penalty for a first offence is a $2,200 fine and an automatic 6-month disqualification, which a court can reduce to a minimum of 3 months. There is no term of imprisonment for this offence — it is a fine-only matter.
This varies significantly between individuals and use patterns. THC can remain detectable in oral fluid for anywhere from several hours to multiple days after use, which is why the offence does not require proof of impairment — detection alone is sufficient.
Yes, a Section 10 dismissal remains available for a presence-based drug driving charge, subject to the same criteria and the 5-year bar on repeat Section 10s for applicable offences under section 203 of the Road Transport Act.