If you are found guilty (or plead guilty) to drug driving, depending upon the circumstances of the offence, and your previous criminal history, the Court may impose a heavy fine and imprisonment.
Drug Driving Lawyers in NSW
Our Criminal Law Team can assist you with matters related to drug driving (DUI), we have the experience and expertise necessary to ensure you receive the best possible outcome.
We’ve been defending the people of Newcastle, Lake Macquarie, Central Coast and the Hunter region since 1969 and have helped our clients to achieve the best possible outcomes in all Criminal Law matters.
We are used to dealing with the Police, and know all the ‘ins and outs’ of the Courts and Justice system.
If you have been charged with this type of crime, contact our Criminal Law Team today to book a teleconference or appointment. We’ll fight vigorously to protect your freedom and rights.
Can I refuse a random drug test and what is the testing process?
The police are now authorised to carry out a ‘Random Drug Test‘ (RDT) in much the same way as they would carry out a ‘Random Breath Test’ (RBT). The test involves an analysis of oral fluid that tests for the presence of illicit drugs. The test itself is conducted through the window of your vehicle and takes approximately 5-7 minutes to complete. You cannot legally refuse a RDT. It is an offence to do so and doing so could result in a ‘Refusal to Submit a Drug Test’ Charge.
If you undergo a drug test that returns a positive reading, you will be asked to go with a police officer to undergo a second oral fluid test. The secondary test provides the officer with a more detailed analysis. It takes approximately 20-25 minutes to complete. If the secondary test returns a positive reading, you will be immediately prohibited from driving for 24 hours. The secondary test results and sample will then be sent to the Division of Analytical Laboratories (DAL) for further analysis. If the presence of illicit drugs is confirmed by DAL, you will receive a Court Attendance Notice and a charge for driving under the influence of an illicit drug.
What happens if I have caused an accident whilst drug driving?
Driving under the influence of drugs and/or alcohol plays a role in an estimated 18% of all fatal motor vehicle accidents in NSW. If you have caused a fatal motor vehicle accident you will be arrested by police and taken to a hospital for the purposes of having your blood and/or urine tested for the presence of illicit drugs. Like the RDT, this is compulsory and if you refuse to undergo these tests you could be charged.
It is at this stage that we recommend seeking legal advice immediately
There is a legal process that the police must follow in order to draw a sample of your blood and/or urine. We recommend seeking legal advice to ensure this process was followed; otherwise the sample, and its results, could be inadmissible.
Other complex issues, like insurance and compensation, may also be a factor when it comes to accidents caused by drug driving. In any case, if you have caused any type of accident whilst under the influence, we recommend seeking legal advice immediately.