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Drug Driving Offences

Specialist Drug Driving Defence Lawyers in Sydney and The Hills District

Drug driving is one of the most aggressively enforced areas of traffic law in New South Wales. Unlike drink driving, where a legal limit exists for most drivers, the law for drug driving is generally based on zero tolerance. If any trace of an illicit substance is detected in your system, even if you are not impaired and consumed the substance days prior, you can be charged with a criminal offence.

At Hughes Law, we provide a sophisticated defence for those facing drug driving allegations. Principal Belinda Hughes is the former Head of Prosecutions for Transport for NSW (TfNSW). Her deep understanding of the testing procedures used by police and the evidentiary requirements of the Road Transport Act 2013 gives our clients a significant advantage in contesting these charges or seeking a non-conviction.

Understanding the Different Charges

In NSW, there are two primary types of drug driving offences. It is important to know which one you have been charged with, as the penalties vary significantly.

  • Presence of a Prohibited Drug: This is the most common charge. It only requires the police to prove that an illicit drug such as THC, Methylamphetamine, MDMA or Cocaine was present in your oral fluid, blood or urine. Impairment is not required for a conviction.
  • Driving Under the Influence (DUI): This is a more serious charge. It requires the police to prove that your driving was actually impaired by the influence of a drug. This usually involves observations of your driving conduct or your physical condition at the time of the police stop.

NSW Drug Driving Penalties

The penalties for drug driving have increased in recent years. For a first offence, you face the following statutory periods:

Offence Type Maximum Fine Automatic Disqualification Minimum Disqualification
Presence of Illicit Drug $2,200 6 Months 3 Months
Driving Under the Influence (DUI) $2,200 12 Months 6 Months
Combined (Drug and Drink Driving) $5,500 4 Years 18 Months

If you have a prior major offence within the last five years, these penalties increase significantly, and the court has the power to impose a term of imprisonment.

Strategic Defence and Medical Cannabis

As of 2026, the law regarding medicinal cannabis is a rapidly evolving area. While the NSW Government is considering reforms for prescribed users, current laws still allow for charges if THC is detected. We specialise in the following areas:

  • The Honest and Reasonable Mistake Defence: In limited circumstances, if you can prove you had a genuine and reasonable belief that you did not have a prohibited drug in your system, such as through accidental consumption, you may have a valid defence.
  • Challenging Test Accuracy: Roadside saliva tests are screening tools only. We scrutinise the laboratory results and the chain of custody of the samples to ensure the evidence against you is legally sound.
  • Medicinal Cannabis Advocacy: We stay at the forefront of legislative changes, providing expert advice to prescribed users on how to manage their legal risks and defend charges based on a lack of impairment.

Protecting Your Record and Licence

A drug driving conviction can result in an immediate loss of employment, especially for those in the transport, construction or health sectors. Our primary objective is often to secure a Section 10 non-conviction. This allows you to avoid a criminal record and keep your licence, provided we can demonstrate your good character and the disproportionate impact a conviction would have on your life.

Take Immediate Action

If you have tested positive at a roadside mobile drug test (MDT), the police will usually prohibit you from driving for 24 hours. Once your laboratory results are confirmed, you will receive a Court Attendance Notice. Do not wait for this to arrive before seeking advice.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153

Suburbs We Serve

We regularly represent clients in drug driving matters at the Downing Centre, Parramatta, Blacktown and Penrith courts:

  • The Hills District: Baulkham Hills, Castle Hill, Norwest, Kellyville, Rouse Hill and Dural.
  • Western Sydney: Parramatta, Blacktown, Seven Hills and Westmead.
  • Sydney CBD: Central Sydney, Surry Hills and Darlinghurst.

    Frequently Asked Questions

    How long does a drug stay in my system for a roadside test?
    This varies between individuals and substances. THC can remain detectable in saliva for up to 48 hours, while other substances may clear faster. However, because NSW has a zero tolerance policy, any detectable amount is enough for a charge.
    Can I drive while waiting for my laboratory results?
    After an initial positive roadside test, you are banned from driving for 24 hours. After that, you can generally drive until you are formally charged or issued with a suspension notice. We can help you check your current licence status.
    Does a medical cannabis prescription protect me from a charge?
    Currently, no. Unlike some other states, NSW law does not yet provide an automatic defence for medicinal cannabis patients. However, having a valid prescription is a significant factor that we use to argue for a more lenient sentence or a non-conviction.
    What is the difference between a suspension and a disqualification?
    A suspension is usually an immediate action taken by the police or the RMS. A disqualification is a court ordered penalty. We can often appeal a police suspension to get you back on the road while your court case is being prepared.