Traffic Law

Drug Driving Offences

If you have been charged with a drug or drink driving offence in Perth, you need to speak to an experienced traffic lawyer about your case as soon as possible. Let our team deal with the police on your behalf, offer advice and represent you in court. A consultation with a knowledgeable solicitor is a good first step in the process of understanding the court process, possible defences and the likely outcome of your matter.

About Drug Driving

If you have been charged with the offence of Driving with Prescribed Illicit Drug in Oral Fluid, or the more serious charge of Drug Impaired Driving under the Influence of Drugs, where police have evidence of suspicious or erratic driving behaviour and where that suspicion is confirmed following a driver assessment and/or blood tests, then you could be facing some heavy fines, lengthy or permanent license suspensions and even jail time. It’s important you get the right advice at the beginning to avoid getting the maximum penalties.

The following information comes from the Road Traffic Act 1974 (page 48), and gives an approximate look at the type of penalties you could expect to face if charged with drug driving:

Penalties For Driving With Prescribed Illicit Drug In Oral Fluid:

 

Min Penalty

Max Penalty

Demerits OR Licence Disqualification

First Offence - $1,250 3 demerits
Second OR Subsequent Offence $1,250 $2,000 6 months minimum

Penalties For Drug Impaired Driving Under The Influence Of Drugs:

 

Min Penalty

Max Penalty

Licence Disqualification

First Offence $1,700 $3,750 10 months minimum
Second Offence $3,150 $2,000
OR
9 months imprisonment
30 months minimum
Subsequent Offence  $3,150 $7,500 
OR
18 months imprisonment 
Life 

Drug Driving FAQs

Drug driving relates to the offences of Driving with Prescribed Illicit Drug in Oral Fluid, or the more serious offence of Drug impaired driving under the influence of drugs.

Police may have evidence of suspicious or erratic driving behavior, meaning that may stop to test you for drugs and alcohol. They may also randomly drug test you – much like a booze-bus for alcohol. The process usually involves a swab being dragged along your tongue however may, in some cases involve a blood test from a sample of your blood.

  • The penalty for a first offence is a fine between $900 - $2,500 and a minimum 10 month licence disqualification.
  • Second offence offenders can be fined $2,100 - $3,500 and lose their licence for 30 months or more.
    For a third or subsequent offence a fine of between $2,100 - $5,000, a permanent licence disqualification or jail for 18 months.

What Should I Do Now?

Engaging the right lawyer to look after your case is very important in achieving a good result. At the law offices of Andrew Williams you will get direct and honest advice about whether you have a defence to the charge, the likely outcome if convicted including whether your license would be suspended or cancelled, and whether there is a risk or likelihood of imprisonment. You will also receive professional representation from an experienced traffic and driving offence lawyer and barrister who has handled countless traffic law matters over many years.

Andrew Williams represents clients in all courts for criminal and traffic related charges. As an experienced traffic and driving offence lawyer, Andrew is passionate and determined in attaining the best possible outcome for his clients charged with a DUI offence. He is a phone call away and will provide sensible, easy to understand legal advice as well as committed and determined representation on all traffic and driving offence matters. Contact Andrew today to discuss your traffic matter or call on (08) 9278 2575.

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At Andrew Williams Criminal Law we're here to help you with the best legal advice.

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