Drug Driving Lawyers Sydney
We provide exceptional legal guidance to people facing drug driving charges, licence suspensions, and serious criminal penalties.
- Expert Drug Driving Defence
- Licence Suspension & Disqualification
- Avoid a Criminal Record
- Clear Legal Advice & Strategy
Lawyers Available 24/7
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Expert Drug Driving Defence to Protect Your Licence & Record
A drug driving charge in NSW is a serious criminal offence that puts your licence, your job, and your future at risk, with significant penalties including disqualification and a permanent criminal record.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist drug driving lawyers are dedicated to building a robust defence strategy to achieve the best possible outcome, whether that’s having the charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all drug driving matters, including:
- Driving with an Illicit Drug Present
- Driving Under the Influence (DUI) of a Drug
- Refusing or Failing a Drug Test
- Challenging Drug Test Procedures
- Driving with Prescribed Medication
- Penalties for Drug Driving
Understanding Your Drug Driving Charge in NSW
In NSW, a drug driving offence is a “strict liability” matter. This means the prosecution only needs to prove the presence of a prescribed illicit drug in your system—they do not need to prove that your driving was actually impaired. This is a critical difference from a DUI (Driving Under the Influence) charge and a common point of confusion. You can be charged with a drug driving offence even if you felt completely fine to drive.
Being charged with driving with an illicit drug present is a serious criminal offence. Our expert criminal lawyers will immediately analyse your charge, explain your rights, and build a strategy to protect your licence and your record from the very beginning.
Drug Driving Penalties in NSW
Understanding the potential penalties for a drug driving offence in NSW is critical. The consequences are severe and are designed to deter drivers from getting behind the wheel with an illicit drug in their system. The penalties escalate significantly if you have committed another major traffic offence within the previous five years.
A conviction for drug driving is a serious criminal offence that will result in a criminal record, which can impact your employment and future. Our expert criminal defence lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties for a First Drug Driving Offence
If this is your first major traffic offence within a five-year period, the court can impose the following penalties:
| Maximum Fine | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| $2,200 | 6 Months | 3 Months |
Penalties for a Second or Subsequent Drug Driving Offence
The penalties are far more severe for a second or subsequent drug driving offence.
| Maximum Fine | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| $3,300 | 12 Months | 6 Months |
It is Possible to Avoid a Conviction, Fine & Licence Disqualification
An expert drug driving lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order.
This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your licence and your record.
Pleading 'Not Guilty' to A Drug Driving Charge
If you believe you are not guilty of a drug driving offence, you have the right to have the matter heard in court. The prosecution must then prove every element of their case against you beyond a reasonable doubt. A successful defence can result in the charge being dismissed, leaving you with no criminal record and no licence disqualification.
A legal defence may be available if you were honestly and reasonably mistaken about the presence of drugs in your system, or if there are significant flaws in the police evidence. A carefully prepared ‘not guilty’ plea, supported by an expert defence lawyer, gives you the best chance of being acquitted.
Pleading 'Guilty' to A Drug Driving Charge
In some circumstances, pleading guilty to a drug driving charge at the earliest opportunity can be the most strategic path. An early plea demonstrates remorse and can often lead to a more lenient penalty from the court. The Magistrate will consider the circumstances of the offence, your character, and any steps you have taken to address the issue.
Presenting this information effectively through compelling submissions can significantly reduce penalties. Our lawyers are experts at preparing these submissions to ensure the court sees you in the most favourable light possible. Our goal is to persuade the court to grant a non-conviction order, such as a Section 10 dismissal, to help you avoid a criminal record and keep your licence.
Challenging the Roadside Drug Test & Police Procedure
Many people believe that if a roadside drug test is positive, there is no way to fight the charge. This is incorrect. The procedures for mobile drug testing and the subsequent lab analysis are complex and must be followed precisely by NSW Police. Any procedural error or issue with the testing equipment can render the evidence unreliable and inadmissible in court.
Our specialist drug driving lawyers meticulously examine every step of the process. We scrutinise the legality of the initial stop, the handling of the saliva or blood sample, and the accuracy of the final analysis. Identifying flaws in the prosecution’s evidence is a key part of our legal defence and can often lead to charges being withdrawn.
Appealing an Immediate Licence Suspension
If you are charged with a drug driving offence, NSW Police can issue an immediate licence suspension on the spot, taking away your driving privileges before you even get to court. For many people, losing their licence has a devastating impact on their job, family, and daily life.
You have the right to appeal this immediate suspension in the Local Court, but strict time limits apply. It is vital to seek immediate legal advice to ensure you don’t lose your chance to appeal. Our lawyers can help you prepare and lodge a compelling case to have your suspension overturned so you can continue driving while your main charge is dealt with.
Preparing Your Case For Court
A successful court outcome depends on thorough and strategic preparation. Your presentation and attitude are critical factors that the Magistrate will consider during sentencing. This includes gathering strong character references, considering rehabilitative programs like the Traffic Offenders Program, and understanding the proper etiquette to show you take the matter seriously.
An expert drug driving lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will guide you on exactly what you need to do before your court date. We help you prepare all necessary documents and evidence to maximise your chances of achieving the best possible result.
The Traffic Offenders Intervention Program (TOIP)
Completing an approved Traffic Offenders Intervention Program (TOIP) is one of the most effective ways to improve your outcome at court. This educational course demonstrates to the Magistrate that you understand the seriousness of your offence and have taken proactive steps to ensure it won’t happen again.
Successfully completing the program shows remorse and a commitment to road safety, which can be a powerful factor in persuading a court to grant leniency. We can guide you on enrolling in a program that is well-regarded by the courts to strengthen your case.
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What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of winning complex traffic law cases. Our focus is on having your drug driving charge dropped early, securing ‘not guilty’ verdicts, and protecting our clients' driving licences.
EXPERT DRUG DRIVING LAWYERS
Our senior lawyers have over 40 years of combined experience, specialising exclusively in criminal and traffic law. This deep knowledge of drug driving laws and courtroom procedure gives your defence a significant advantage.
Free Strategy Session & 24/7 Help
We offer a free initial Strategy Session to assess your drug driving case and outline your options. Our team is available 24/7 because we know that when you're charged with a drug driving offence, immediate legal advice is crucial.
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FAQs
What is the main drug driving offence in NSW?
The most common offence is ‘driving with a prescribed illicit drug present’ in your oral fluid, blood, or urine. This is a strict liability offence, meaning the prosecution only needs to prove the presence of the drug, not that your driving ability was actually impaired.
Is a drug driving offence a criminal offence?
Yes, a drug driving offence is a serious criminal offence in NSW. If you are convicted by the court, you will receive a permanent criminal record which can have significant consequences for your employment, reputation, and ability to travel internationally.
What is the difference between drug driving and Driving Under the Influence (DUI)?
For a drug driving charge, the prosecution only needs to prove the presence of an illicit drug in your system. For a DUI charge, which is more serious, the prosecution must prove that you were actually under the influence of a drug to the extent that your driving ability was affected.
What drugs do roadside drug tests detect?
Mobile drug tests in NSW are designed to detect the presence of specific illicit drugs, including THC (the active component in cannabis), methylamphetamine (speed or ice), MDMA (ecstasy), and cocaine.
Can I be charged if I felt fine to drive?
Yes. Because drug driving is a “presence” offence, you can be charged even if you consumed the drug days earlier and felt no effects at the time of driving. The law does not require any proof of impairment.
What are the penalties for a first-time drug driving offence?
For a first major traffic offence, the penalties can include a fine of up to $2,200 and a licence disqualification period of between three to six months. However, it is possible to avoid a conviction and disqualification with expert legal representation.
What happens if it is my second drug driving offence?
The penalties for a second or subsequent drug driving offence within five years are much more severe. They include a fine of up to $3,300 and a longer licence disqualification period of between six to twelve months.
Can I refuse a roadside drug test?
Refusing or failing to provide a saliva, blood, or urine sample to police is a serious offence in itself. The penalties for refusal are often more severe than the penalties for the drug driving offence itself, so it is crucial to comply with police directions.
Can I lose my licence immediately?
Yes. NSW Police have the power to issue an immediate licence suspension on the spot for a drug driving charge. This means you cannot drive until your case is finalised in court, unless you successfully appeal the suspension.
Can I appeal an immediate licence suspension?
Yes, you have the right to appeal an immediate police suspension in the Local Court. Strict time limits apply, so you must act quickly. A successful appeal allows you to continue driving until your primary drug driving charge is heard.
Is it possible to avoid a criminal record for drug driving?
Yes. An experienced drug driving lawyer can make submissions to the court asking for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order without conviction. If granted, you avoid a criminal record and licence disqualification.
What are the main defences to a drug driving charge?
Defences can include challenging the police procedure and accuracy of the drug test, or arguing an “honest and reasonable mistake of fact” (i.e., you had a genuine and reasonable belief that there were no drugs in your system).
How can a lawyer challenge the drug test results?
Our lawyers will scrutinise every part of the police process, including the legality of the traffic stop, the handling and storage of the sample, and the calibration and maintenance of the testing equipment. Any procedural flaw can weaken the prosecution’s case.
Should I plead guilty or not guilty to a drug driving charge?
This depends entirely on the specifics of your case and the evidence against you. It is vital to get expert legal advice during a free strategy session before making any decision, as a plea will have a significant impact on the outcome.
What happens if I plead guilty?
Pleading guilty can show remorse and may lead to a more lenient sentence. Your lawyer will present your case to the court, highlighting mitigating factors like your good character and need for a licence, to argue for the minimum possible penalty.
What should I do to prepare for court?
Thorough preparation is key. This includes obtaining character references, enrolling in a Traffic Offenders Program, and understanding court etiquette. Our lawyers will guide you through every step to ensure you are fully prepared to achieve the best possible result.
Can I be charged for driving with prescribed medication in my system?
Yes, you can be charged if you drive while affected by prescribed medication. If a doctor has prescribed medication that may impair your ability to drive, you must have medical clearance or a valid prescription to present as a defence.
Do I need a lawyer for a drug driving offence?
While you can represent yourself, having an expert drug driving lawyer gives you the best chance of a favourable outcome. We understand the law, court procedures, and how to build a robust legal defence to protect your licence and record.
How long can drugs stay in my system for a roadside test?
Illicit drugs can be detected in your saliva for a significant period after use. For example, THC from cannabis can sometimes be detected for several days, long after any intoxicating effects have worn off.
Will a drug driving conviction affect my job?
A drug driving conviction can have a serious impact on your employment, especially if driving is a requirement of your job. A criminal record can also prevent you from working in certain professions, which is why fighting the charge is so important.
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