Drug driving disqualification

If you are detected driving with an illegal drug in your system, a police officer can issue an immediate loss of licence, and may also issue you an expiation notice or commence a prosecution to be heard by the court.

If you receive an expiation notice, you may pay the fine or elect to have the matter heard by the court. In both cases, you will incur four demerit points.

If you commit a drug driving offence you will be issued a drug driving disqualification.

Penalties

If you elect to pay the expiation notice, you will be disqualified for:

• three months if the offence is a first offence
• twelve months if the offence is a second offence (within five years)
• two years if the offence is a third offence (within five years)
• three years if the offence is a subsequent offence (within five years).

If you elect to be prosecuted and the court convicts you, you will be disqualified for:

• a period of no less than six months in the case of a first offence
• twelve months in the case of a second offence (within five years)
• two years in the case of a third offence (within five years)
• three years in the case of a subsequent offence (within five years).

Any licence you held will be cancelled when the disqualification commences.

If you held a full licence, you’ll be issued a probationary licence when you reapply.  The probationary licence will be subject to the following prescribed conditions during the probationary licence period:

• the licence must be carried at all times while driving a motor vehicle
• must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while there is any concentration of alcohol in the blood
• must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while there is a prescribed drug present in their oral fluid or blood.