It is increasingly common for police to conduct random drug testing of drivers. It is an offence in NSW to drive a motor vehicle whilst there is an illegal drug present in a persons body. It is also an offence to drive a motor vehicle whilst under the influence of any drug. It does not matter whether a person is affected by the drugs in their system or not.
Police are permitted to stop any driver of a motor vehicle, motorcycle or supervising a learner driver for a random drug test. Police are only able to conduct tests on three common illegal drugs, which includes cannabis, methylampetamine(speed, Ice, and MDMA (ecstasy) at this stage.
There is now a new offence of drive with the presence or cocaine or morphine(heroin) in the blood or urine, however drivers will not be randomly tested for these drugs using a roadside drug test. Police are also able to charge drivers with driving under the influence in certain circumstances.
Many people are unaware of how long an illegal substance may remain in their system and be detected in the course of a drug test conducted by Police. Depending on the quality and quantity of the substance can determine whether a substance is still detectable days afterwards. Medications including cold and flu tablets are not able to be detected by a random drug test.
The difference with a positive drug test is that a driver will not be charged immediately by Police at the scene. A second test will be conducted and this test will be sent away to be analysed at a laboratory. Once the second test is analysed and the results notified, if it is positive, the driver will be sent a Court Attendance Notice requiring them to attend court for driving under the influence of an illicit drug.
The penalty for a first offence is a maximum of $1100 and a minimum of three months licence disqualification and a maximum of six months disqualification.
The penalty of a second offence is a maximum of $2200 and licence disqualification for minimum of six months up to an unlimited period.
If a driver was to refuse to undertake a roadside random drug test the penalty is $1100, a driver would be requested to accompany police and provide a second oral sample, if a driver refuses to provide this second oral sample the penalty is increased to $3300 and a minimum of six months for licence disqualification to an unlimited period.
It is important to be aware that once a person provides a positive test to a random drug test, that it is possible for the police to conduct a search of the person or their vehicle. Police powers allow them to conduct searches where they have reasonable grounds to suspect evidence of the offence may be found there.
