If you test positive for drugs whilst driving or attempting to drive a vehicle you will be penalised.
| DRIVING WITH ILLICIT DRUG IN ORAL FLUID OR BLOOD (section 47BA of the Road Traffic Act 1961) | |
|---|---|
| First offence | $438 expiation fee; and 4 demerit points OR Court penalty – a fine of not less than $500 and not more than $900; and 4 demerit points |
| Second offence | Court penalty – a fine of not less than $700 and not more than $1,200; and 4 demerit points; and Licence disqualification - not less than six months |
| Third offence | Court penalty – a fine of not less than $1,100 and not more than $1,800; and 4 demerit points; and Licence disqualification - not less than 12 months |
| Subsequent offences | Court penalty – a fine of not less than $1,100 and not more than $1,800; and 4 demerit points; and Licence disqualification - not less than 2 years |
Penalties also apply to drivers who refuse or fail to undertake a drug screening test, oral fluid analysis or blood test when required to do so by a police officer.
| REFUSAL OR FAILURE TO UNDERTAKE A DRUG SCREENING TEST, ORAL FLUID ANALYSIS OR BLOOD TEST (section 47BA of the Road Traffic Act 1961) | First offence | Court penalty – a fine of not less than $500 and not more than $900; and 6 demerit points; and Licence disqualification – not less than 6 months |
|---|---|---|
| Subsequent offences | Court penalty – a fine of not less than $1,100 and not more than $1,800; and 6 demerit points; and Licence disqualification - not less than 2 years |


