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Penalties

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 offenceCourt 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 offenceCourt 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 offencesCourt 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 offenceCourt 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 offencesCourt 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