Stay Safe This Long Weekend: Avoid Drug Driving

As we head into the long weekend, it’s important to stay mindful of the laws around drug driving. A recent ruling by the NSW Court of Criminal Appeal (NSWCCA) has reinforced that there is no excuse for driving under the influence of drugs. This ruling means that even if you unknowingly have drugs in your system, you could still face penalties.

The case revolved around a driver, Mina Narouz, who argued that he tested positive for cocaine after drinking from someone else’s cup. However, the NSWCCA confirmed that in cases of drug driving, there is no defence for a reasonable mistake. The law now states that drug driving is an "absolute liability" offence, meaning that if a drug is detected in your system, the law doesn’t require proof of intent to punish you.

This is important to know, especially with the long weekend ahead. If you're planning on enjoying a night out or attending a celebration, be aware that the roadside drug tests don’t distinguish between intoxication levels. If drugs are detected in your system, you can face penalties even if you're not impaired.

What is Drug Driving in NSW?

Drug driving refers to driving with any detectable amount of illicit drugs in your system, including substances like cocaine, cannabis (THC), MDMA, and amphetamines. These drugs can be detected through roadside tests that examine oral fluid, blood, or urine.

Offenders face an automatic 6-month licence disqualification and a fine of up to $2,200. While the minimum licence disqualification period is 3 months, it is important to note that the standard automatic disqualification period is actually 6 months.

No Excuses for Drug Driving

The law is clear: if drugs are in your system, you’re guilty of drug driving. The "honest mistake" defence, which was once available for those who genuinely didn’t know they had drugs in their system, is no longer an option. Even if you’ve consumed something without realizing it contained illicit substances, you’ll still be held responsible.

Can I get a work licence in NSW?

A "work licence" is a restricted licence granted to individuals facing the loss of their current licence due to an offence such as “drug driving” allowing them to drive solely for employment-related purposes.

Many people mistakenly believe that "work licences" are available in New South Wales, but this is not the case.

While work licences are offered in other states, such as Queensland, they are not available in New South Wales.

There are no provisions in NSW that permit a person to drive for employment reasons if their licence has been disqualified.

If you are otherwise unsure about the contents of this article or require more information on the above, please contact Sharon Ramsden at sramsden@marsdens.net.au or by phoning 02 4626 5077.

The contents of  this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.