Driving Under The Influence Of Drugs (DUI)

Driving with the presence of certain drugs (other than alcohol) in oral fluid, blood or urine is an offence commonly known as Drug Driving.

The most common way people are being charged with drug-driving offences are through the Mobile Drug Testing (“MDT”) units being conducted by police. This gives the police an oral fluid sample.

 

THE LAW

The Law in relation to Drive while there is a prescribed illicit substance present in an oral fluid, blood or urine sample is found in section 111 of the Road Transport Act 2013(NSW) which states:

“A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:

drive a motor vehicle, or

occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.”

Section 4 of the Road Transport Act 2013 defines prescribed illicit drug:

• Active THC (Cannabis)
• Methylamphetamine (Speed/ice)
• Methylenedioxymethylamphetamine (MDMA or 'ecstasy') or
• Benzoylmethylecgonine (cocaine)
• Morphine (unless proven for medicinal use)

 

MAXIMUM/POSSIBLE PENALTIES

Drive while there is a prescribed illicit substance present in an oral fluid, blood or urine sample for a first drug driving offence can be punished with a fine up to $1,100 and an automatic  disqualification from driving for six months with a discretion for the magistrate to impose a minimum disqualification of 3 months.

For the second or subsequent offence, penalties increase to a fine of $2,200 and a twelve-month disqualification with a discretion for the magistrate to impose a minimum disqualification of 6 months.

Please note that some of  the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

 

THE FACTS THAT MUST BE PROVEN

Since Driving while there is a prescribed illicit substance present in an oral fluid, blood or urine sample is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove a person’s guilt beyond reasonable doubt being:

• You drove a motor vehicle, or
• occupied the driving seat of a motor vehicle and attempted to put the motor vehicle in motion, or
• If the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupied the seat in a motor vehicle next to a learner driver who is driving the vehicle AND
• There was the presence of prescribed illicit drug in person’s oral fluid, blood or urine.

 

DEFENCES 

The drug tests used by police are notoriously unreliable, and they can show up positive days after an alleged offender has taken any drugs. Also, there are certain procedures that police must undergo when testing a person for drugs, and if you can show that they have gone against procedure when obtaining the evidence against you, you could have the charges withdrawn.

Some of the other possible defences available for those charged with Drive while there is a prescribed illicit substance present in an oral fluid, blood or urine sample can include:

• Honest and reasonable mistake- Where you honestly and reasonably believe that you do not have drugs in your system. An example of this is if  because your food or drink had been spiked;
• Alternatively, if a drug is in your system for medicinal purposes and taken in accordance with your prescription; or
• If there has been a testing mistake or the results are inconsistent you may have a defence.

 

CHOICES AT LAW OPTIONS

For Drug Driving, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.