Can You Be Charged for Drug Driving Even If You’re Not High?

In NSW, one of the most misunderstood aspects of drug driving laws is that you can be charged even if you’re not visibly impaired or high at the time of driving.

Drug driving offences focus on the presence of prohibited substances, not whether you’re affected.

 

How Does Roadside Drug Testing Work?

NSW Police conduct roadside drug testing using Mobile Drug Testing (MDT) units.

These tests can detect:

  • THC (Cannabis)
  • MDMA (Ecstasy)
  • Methamphetamine (Ice or Speed)
  • Cocaine

Initial testing is done using a saliva swab.

If the test is positive, a second sample is collected and sent to a lab for confirmation. It’s this second test that forms the legal basis for any charge.

 

You Don’t Need to Be “Stoned” to Be Charged

Unlike drink driving, where BAC measures impairment, drug driving laws are zero-tolerance:

  • You may test positive days or even weeks after taking certain drugs
  • There’s no need for police to prove you were impaired

This is especially concerning for people who use cannabis for medicinal purposes or who have unknowingly taken a substance that contains a prohibited drug.

 

Penalties for Drug Driving in NSW

For a first offence:

  • Up to 6 months’ disqualification
  • Fines up to $2,200
  • A possible criminal conviction

Second or subsequent offences can lead to:

  • Longer disqualifications
  • Community correction orders
  • In serious cases, imprisonment

 

What About Prescription Drugs?

NSW law distinguishes between illicit drugs and prescription medications. However, if you’re impaired by any drug—including legal ones—you can be charged with driving under the influence (DUI), which carries heavier penalties.

 

Defending a Drug Driving Charge

Possible legal defences include:

  • Challenging the validity of the roadside or lab test
  • Mistaken identity or procedural errors
  • Medicinal cannabis prescriptions
  • Arguing that you did not know that the drug was in your system

 

Get Legal Help Early

A conviction can impact your licence, job, and future travel plans.

A good lawyer may help you:

  • Avoid a conviction through a Conditional Release Order
  • Minimise disqualification periods
  • Challenge the charge entirely

 

Facing a Drug Driving Charge?

Rezae & Co Lawyers represent clients charged with drug driving across NSW Local Courts.

If you’re worried about your licence or criminal record, get in touch with us today.