Recently, the NSW Government introduced Section 111A into the Road Transport Act 2013 (NSW), which created a new combined drink and drug driving offence.
Police can charge you with an offence in contravention of s. 111A of the Road Transport Act if:
- You are driving a vehicle; and
- You return a positive reading to driving under the influence of alcohol; and
- You additionally return a positive test to having an illicit substance present in your oral fluid.
Maximum Penalties
The maximum penalties for the new combined s. 111A offence will differ depending on whether the offence is classified as a “first offence” or a “second or subsequent offence”.
| First Offence | ||
| Penalty | Mid-Range DUI and Illicit Substance Present | High-Range DUI and Illicit Drug Present |
| Immediate Licence Suspension | Yes | Yes |
| Maximum Financial Penalty | $3,300 | $5,500 |
| Maximum Term of Imprisonment | 18 Months | 24 Months |
| Minimum Disqualification | 12 Months | 18 Months |
| Maximum Disqualification | Unlimited | Unlimited |
| Automatic Disqualification | 2 years | 4 years |
| Minimum Interlock | 12 Months | 24 Months |
| Second or Subsequent Offence | |||
| Penalty | Low, Novice, or Special Range and Illicit Substance Present | Mid-Range DUI and Illicit Substance Present | High-Range DUI and Illicit Drug Present |
| Immediate Licence Suspension | Yes | Yes | Yes |
| Maximum Financial Penalty | $5,500 | $6,600 | $11,000 |
| Maximum Term of Imprisonment | 18 Months | 24 Months | 24 Months |
| Minimum Disqualification | 18 Months | 24 Months | 36 Months |
| Maximum Disqualification | Unlimited | Unlimited | Unlimited |
| Automatic Disqualification | 2 Years | 4 Years | 6 Years |
| Minimum Interlock | 12 Months | 24 Months | 48 Months |