What is the penalty for driving under influence of drugs?
With the increase in “mobile drug testing” units, operated by Police, the offence of driving under the influence of drugs is becoming more common in NSW.
The penalty for driving under influence of drugs can range of a simple fine, or up to 9 months imprisonment, as a maximum penalty. Although the maximum penalty is 9 months imprisonment, it is highly unlikely that you will receive a sentence of full time jail for this offence.
What is the disqualification penalty for driving under influence of drugs if it is my first offence?
If it is your first offence, the automatic period of disqualification is 12 months. The minimum disqualification period is 6 months. If it is your first major traffic offence, it is likely that you will receive a fine, and a minimum period of 6 months disqualification.
However, if you can convince the sentencing Magistrate that you should not be convicted of the offence, you may be dealt with by way of a Section 10, and a conviction not being recorded. If you are successful, you will not lose your licence.
For more information on Section 10, and to see case studies where we have successfully represented others, go to:
https://lylawyers.com.au/criminal-law/section-10/
What if it is my second offence within the last 5 years?
If you have committed a previous offence within the last 5 years, the penalties increase dramatically.
Committing a second or subsequent offence will often lead to significant disqualification periods, and the possibility of jail sentences being imposed.
For a second or subsequent offence, the maximum penalty is 12 months imprisonment and/or $3,300 fine. The automatic period of disqualification is 3 years, with a minimum of 12 months
It is extremely unlikely that you will be dealt with under Section 10 if you have committed a second offence.
What should I do if I am charged with driving under the influence of drugs?
Call LY Lawyers on 1300 595 299 immediately!
We have a great track record in these types of cases. To see some of our case studies and for more information, go to:
https://lylawyers.com.au/criminal-law/traffic-offences/drive-under-the-influence-of-drugs/