You will be charged with drive vehicle with illicit drug present in blood if you are found:
- Driving on a road or road related area;
- While there is present in his or her oral fluid, blood or urine any prescribed illicit drug.
The police will provide a medical report that suggests that there was present in your blood an illicit drug.
What are the penalties for drive vehicle with illicit drug present in blood?
For a first offence of drive vehicle with illicit drug present in blood, the maximum penalty is a fine of $1100 for a first offence. The automatic period of disqualification is 6 months, with a minimum of 3 months. For a second or subsequent offence, the maximum penalty is a $2200 fine. The automatic period of disqualification is 12 months, with a minimum of 6 months. Upon conviction, the disqualification periods will apply, unless the court decides to deal with your matter pursuant to Section 10 of the Crimes (Sentencing Procedure) Act. To find out more about a section 10, click here.
What would the likely penalty be if it is your first offence?
If it is your first offence, you will have good prospects of achieving a Section 10. The statistics show that 39% of first offenders who plead guilty to the offence do not receive a conviction for drive vehicle with illicit drug present in blood.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Penalties for driving under the influence of drug or alcohol and driving with the presence of a drug