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DUI Drug Driving

Any driver, motorcycle rider or supervising licence holder on a NSW road or road related area maybe required to undertake one or more oral fluid tests for the presence of the three illicit drugs.

This is conducted by the police through the window of your car. You may be asked to lick the pad of the test device. If you tested negative for the first (window) test, you will be allowed to leave. But if you tested positive, you will be asked to step out of the vehicle and provide an oral fluid sample in the Police support vehicle. Once tested positive for this second test, you are prohibited to drive for the next 24 hours.

Roadside Drug Testing Will Detect the Following Three Illicit Drugs:

1. Delta-9-tetrahydrocannabinol (THC), the active component of cannabis.
2. Methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’ ‘base’ etc).
3. Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).

Note that roadside drug testing is only applicable to the abovementioned illicit drugs. Drivers who are believed to be under the influence of cocaine or morphine (heroin) cannot be tested randomly at roadside.

Penalties

These three drugs are known to be among the most prevalent illicit drugs used by drivers.
The penalty for a person who refuses to be tested at the roadside can be fined for a maximum $1,100 as well as three (minimum) to six months (maximum) licence disqualification.

The penalty for a person who refuses to take the second or subsequent oral fluid test can be fined for a maximum $2,200 as well as licence disqualification for minimum six months up to an unlimited period.

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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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