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Traffic Law » Driving With Drugs » Driving with Drugs and Alcohol

Streeton Lawyers has extensive experience in all aspects of traffic law.

Driving with Drugs and Alcohol

One of the most common offences we see at Streeton Lawyers relate to driving under the influences of drugs or alcohol. 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:

  1. You are driving a vehicle; and
  2. You return a positive reading to driving under the influence of alcohol; and
  3. 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