Drug Driving Offences

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Drug driving charges in the ACT are detected through roadside oral fluid testing (saliva swabs) and blood analysis. A conviction carries fines, licence disqualification and a criminal record that can affect employment and travel. ABLG defends drug driving charges across the ACT Magistrates Court.

Drug driving under ACT law

The principal statute is the Road Transport (Alcohol and Drugs) Act 1977 (ACT). The two main offences are:

• Driving with a prescribed drug present in oral fluid or blood
• Driving under the influence of a drug (DUI) — where impairment is proven by observation and evidence

The prescribed drugs are THC (cannabis), methamphetamine and MDMA. The presence offence does not require proof of impairment — any detectable amount is enough.

Maximum penalties in the ACT

For a first presence offence: penalty units and automatic licence disqualification. For DUI: imprisonment, fines, and longer disqualification. Subsequent offences attract substantially higher penalties and mandatory minimum disqualification periods.

What the prosecution must prove

• The accused was driving or in charge of a motor vehicle on an ACT road or road-related area
• A prescribed drug was present in oral fluid or blood (presence offence); or impairment by drug (DUI)
• The testing procedure complied with the legislation

Charged with drug driving in the ACT? Call (02) 6210 1075 before pleading.

Defences available in the ACT

• Honest and reasonable mistake — limited application; only where the accused had no reason to suspect drug presence
• Testing irregularity — chain of custody, calibration, certificate compliance
• Identification — was the accused the driver
• Not a road or road-related area — private property carve-outs
• Necessity or duress in rare cases

First appearance at the ACT Magistrates Court

Drug driving is a summary offence finalised in the ACT Magistrates Court. The matter is listed for mention; the prosecution serves the brief (typically a certificate of analysis, the operating procedure record, and the officer's statement). Most contested matters resolve at hearing within 3-6 months of charge.

Saving your licence

Where a plea is appropriate, ABLG focuses on minimising disqualification and protecting your record under section 17 of the Crimes (Sentencing) Act 2005 (ACT). Good character references, driving history and the need for a licence for work or family are all relevant.

Call (02) 6210 1075 to speak with an ABLG criminal defence solicitor today.

Related criminal defence services

• Drink driving
• Dangerous and reckless driving
• Driving whilst suspended or disqualified

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.