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 a summons for court.
When you receive an expiation notice, you can pay the fine or elect to have the matter heard by the court. In both cases, you will gain 4 demerit points.
If you commit a drug driving offence you will be disqualified from driving for at least 3 months and your licence will be cancelled.
Drug driving disqualification notices (first notice)
Drug driving disqualification notices are issued by Service SA and are sent by post to your address.
Disqualification period
If you elect to pay the expiation notice and:
- it's your first offence — disqualified for 3 months
- it's your second offence (within 5 years) — disqualified for 12 months
- it's your third offence (within 5 years) — disqualified for 2 years
- it's a subsequent offence (within 5 years) — disqualified for 3 years.
If you elect to be prosecuted and the court convicts you, and:
- it's your first offence — disqualified for a period of no less than 6 months
- it's your second offence (within 5 years) — disqualified for 12 months
- it's your third offence (within 5 years) — disqualified for 2 years
- it's a subsequent offence (within 5 years) — disqualified for 3 years.
What you must do
Acknowledge your notice
You must personally acknowledge the notice and pay the fee within 28 days of the issue date.
You can do this at:
- a Service SA centre
- an Australia Post outlet — only for the first notice we sent you.
If you don't acknowledge your notice in time
If you don't acknowledge the first notice by the date printed on your notice:
- a second notice will be issued.
- a South Australian Police or Sheriff's officer will attempt to serve the notice on you personally by attending the residential address recorded on your licence.
- a higher fee will apply. This can be paid at Service SA. You may not be able to make any other transactions until it's paid.
If the second notice can't be served to you personally, you'll be unable to undertake any other transactions with Service SA (eg renewing your vehicle registrations). You'll need to attend a Service SA centre to acknowledge the second notice in person. It can't be served over the phone or online.
What happens next
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. Probationary conditions generally apply for 12 months but may be longer in some instances. 'Probationary conditions' will be printed on the front of your licence photo card.
You may also be required to undergo a drug dependency assessment to confirm you are not dependent on drugs before you are issued a new licence. If this is required, you will be sent a letter from Service SA.
If you hold a licence subject to probationary conditions
- You must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road with any concentration of alcohol or illegal substances in their blood or saliva.
- You must carry your licence card or digital licence at all times when driving and show it to a police officer when asked.
- You must not incur 2 or more demerit points during the probationary licence period.
- You are not able to supervise the driving of a person with a learner's permit.
