There are two ways that a driver can be prosecuted for drug driving: driving with excess drugs (beyond the legal limit) and when driving whilst unfit through drugs. Much like driving under alcohol influence, any driver who’s found on the road whilst unfit through drugs can face charges. Often, this claim is brought if the police found a reason to believe that the motorist has driven a car on a public place or road after using drugs – regardless of whether the drugs are legal or illegal. For a conviction to happen, the court has the mandate to prove that the motorist was unfit to drive under the influence of drugs. If successful, drug driving can result in disqualification of license, increase insurance premiums, a heavy fine, and sometimes, a community order or custodial sentence.

Speaking about the implications of drug driving, an ETB Legal attorney said, “For drivers who depend on their car for their job, the loss of license can result in loss of earning, which can negatively influence their livelihood. Many motorists who are charged with drug driving often end up accepting their fate and reconcile with the fact that they are guilty as charged. However, not all drug driving cases are the same, cases vary from one motorist to the next, so one shouldn’t accept that they are guilty without putting up a challenge.”

According to law, a drug is an intoxicant. A substance is categorised as a drug if it’s neither drink nor food and has impaired the body’s control. Over the counter drugs as well as prescription drugs have side effects including dizziness, drowsiness and impaired judgment which influences the driver’s ability to drive the car. As such, motorists who are charged with drug driving and choose to accept the charge without any challenge have no option, but to accept the penalty that the court hands them.

Highlighting the penalties for drug driving, the ETB Legal attorney further added, “After conviction for driving under the influence of the drug, the court imposes a disqualification from driving for not less than a period of 12 months. This is compulsory unless one presents a special reason. The court also issues a hefty fine of up to $2,200. The court may also impose the following penalties, depending on the circumstances:

Extended retest
Community order
Up to six months in prison

And if the motorist has been previously charged with drug driving offence within a span of 10 years, they could have their license revoked for up to 36 months.”

Much like driving under the influence of alcohol, there’s a perception that unless a motorist can state the obvious issue, like they weren’t driving the car, or they only used the drug after driving, then they’ll have no choice but to accept the charge. It’s therefore essential for drug driving offence drivers to call an attorney for drug driving in NSW to ensure they have the best possible chance of acquittal.

About ETB Legal
ETB Legal is a reputable firm that’s highly regarded for helping clients who are faced with drug driving charges. Those looking for common assault in NSW can also count of the team.