Mobile Drug Testing (MDT) has become common procedure when motorists are pulled over for a random breath test.
Some illicit substances can stay in your system for weeks after you use them and as such, drug driving offences are becoming more common.
MDT utilises technology that can detect the presence of illegal drugs such as ecstasy, cannabis, cocaine and methamphetamine. Most Police vehicles now have the capacity to test for these illicit substances roadside by way of an oral fluid swab.
If your roadside test is positive, you will be required to attend a police station or mobile drug testing vehicle to give a second sample. The second sample will then be sent to a laboratory for analysis. If this test is positive you will then be charged. One of the most common drug driving offences is driving with an illicit drug present in oral fluid, blood or urine.
A first time offender will likely be given a penalty notice (fine) of $572.00 and a three (3) month suspension, however you will not be required to attend Court. A subsequent offence will incur much higher penalties and you are required to attend Court to have your matter heard. Fines of up to $3,300.00 may apply with your licence being disqualified for a minimum 6 month period.
The other common offence is driving under the influence of alcohol or another drug. This offence is far more serious and as such imposes much harsher penalties. First time offenders will receive a minimum disqualification period of twelve (12) months and fines of up to $3,300.00. Further, this offence can be subject to a term of imprisonment.
Subsequent offences can incur fines of up to $5,500.00, a disqualification period the court decides appropriate (but which is not capped) and a term of imprisonment of up to two (2) years.
Due to the serious nature of these offences, and the risk of imprisonment, if you are charged with drug related driving offences, we would suggest that you obtain legal advice as soon as possible.
At Everingham Solomons our team can offer advice and representations with respect to licence suspensions and disqualifications because Helping You is Our Business.
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