Drug Driving Lawyer Sydney & Nationwide
A Positive Drug Test Can Cost You Your Licence, We Help You Protect It
Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
We Act Quickly
Drug driving matters can move fast. An immediate licence suspension may apply from the time of the positive test, before any court date. We advise from the moment you receive a notice, review the brief when it becomes available, and appear at court to achieve the best available outcome.
We Know the Technical Defences
Drug driving charges are not always straightforward. Chain of custody, procedural non-compliance, and the distinction between presence and impairment offences all create legal arguments that are worth examining before any plea is entered. We review the brief in full before advising.
Licence Appeals
Where a licence has been suspended or disqualified, an appeal to the Local Court may be available. We advise honestly on prospects and represent clients at licence appeal hearings.
Straightforward Advice
We explain your situation plainly, your charge, your options, your realistic prospects, and the likely cost of different paths. You will not be kept in the dark about how your matter is likely to resolve.
DRUG DRIVING OFFENCES WE DEFEND
Drive with Presence of Illicit Drug
This is a “presence offence.” The prosecution only needs to prove that an illicit drug was present in your oral fluid, blood, or urine, no impairment needs to be shown. Illicit drugs tested include cannabis (THC), methylamphetamine, MDMA/ecstasy, cocaine, and other specified substances.
First offence: Fine up to $1,100; 3-month minimum, 6-month automatic disqualification.
Second/subsequent offence: Fine up to $2,200; 6-month minimum, 12-month automatic disqualification.
Drive Under the Influence of Drugs
This is an “impairment offence.” The prosecution must prove that you were driving under the influence of a drug to the extent that you were incapable of having proper control of your vehicle. This offence is more serious and more difficult to prove.
First offence: Fine up to $2,200; automatic disqualification 3 years.
Second/subsequent offence: Fine up to $3,300; automatic disqualification 5 years.
Combined Drug and Alcohol Offence
Where both illicit drugs and alcohol are present, a combined offence may be charged under s 111A. This offence carries higher fines and longer disqualification and interlock periods than a standalone s 111 charge, with penalties scaling based on the alcohol reading (low, mid, or high range).
Refusing a Drug Test
Refusing a lawful roadside drug test is an offence under the Road Transport Act 2013 (NSW). First offence: fine up to $1,100 and a 6-month minimum disqualification. Subsequent refusal: fine up to $3,300 and a 12-month minimum disqualification. A refusal does not avoid the consequences of a positive test, it adds to them.
Penalties at a Glance:
Drive with illicit drug present (s 111): First. Fine up to $1,100; 3-month min, 6-month auto disq. Second. Fine up to $2,200; 6-month min, 12-month auto disq
Drive under the influence (s 112): First. Fine up to $2,200; auto disq 3 years.
Second: Fine up to $3,300; auto disq 5 years
Refuse drug test: First. Fine up to $1,100; 6-month min disq. Second: Fine up to $3,300; 12-month min disq
From Roadside Test to Court: How We Approach Drug Driving Matters
From Roadside Test to Court: How We Approach Drug Driving Matters
A positive roadside result alone is not proof of an offence. Laboratory confirmation is required. There are circumstances in which preliminary results are not followed by confirmed laboratory results, and there are procedural requirements the prosecution must meet. We review the full brief before advising on any plea.
Challenges to how the sample was collected, stored, transported, or analysed may affect the reliability or admissibility of the evidence. We examine the prosecution's evidence at every step.
Failure by police to follow prescribed testing procedures can affect the admissibility or reliability of the evidence. We identify any non-compliance in the investigation and prosecution brief.
In limited circumstances, a medical or pharmacological explanation for the presence of a substance may be relevant to the charge. We advise on whether this applies in your matter.
Meet Our Crime Defence Team
With over a decade of experience, our crime defence team has made us one of Australia’s leading defence firms. Led by firm founder and Principal, Peter O’Brien, our dedicated team has defended clients in courts all over the country, including in the High Court of Australia.
No matter the case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
THE DRUG DRIVING PROCESS
1. Roadside Test and Preliminary Result
NSW Police direct you to provide an oral fluid sample. If the preliminary test returns a positive result, a second sample is taken and sent to the laboratory for analysis. An immediate licence suspension may apply at this stage.
2. Laboratory Confirmation
The second sample is sent for laboratory analysis. If the laboratory confirms the presence of a drug, police issue a court attendance notice. This process can take several weeks.
3. Receipt of Court Attendance Notice
You receive a court attendance notice specifying the charge and the court date. Contact us immediately upon receiving this notice, we advise on the brief, your options, and your licence status before the first court date.
4. Brief of Evidence
We obtain and review the prosecution brief, including the laboratory report, the chain of custody documentation, and the police attendance records. We advise on the strength of any defences and the options available to you.
We represent you at court. Depending on the evidence and your circumstances, this may involve contesting the charge, negotiating with the prosecution, or making submissions for a non-conviction outcome or a reduced disqualification.
WHAT TO DO AFTER A POSITIVE DRUG TEST
Seven Steps to Take After a Roadside Drug Test
- Note What Happened at the Roadside
- Record your recollection of the test process as soon as possible, what was said, what steps the officer took, and any circumstances that may be relevant to the procedure. This may be important when the brief of evidence is reviewed.
- Check Whether Your Licence Has Been Suspended
- An immediate licence suspension may apply from the time of the positive test. Check whether your licence was suspended at the roadside. Driving while suspended is an additional offence.
- Do Not Ignore the Court Attendance Notice
- Failing to appear at court can result in a conviction in your absence and an additional offence. Contact us before your court date so we can advise and appear on your behalf.
- Gather Any Relevant Medical Information
- If you were taking prescription or over-the-counter medication at the time of the test, obtain documentation from your doctor or pharmacist. This may be relevant to the defence or sentencing submissions.
- Contact a Drug Driving Lawyer Before Your First Court Date
- Early legal advice maximises your options. We review the brief, advise on prospects, and appear at court. Contact us as soon as you receive your court attendance notice.
Remember: Don’t face this alone. Let our drug driving criminal defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Drug Driving NSW
A preliminary positive result at the roadside triggers a second laboratory test of the sample. If the laboratory confirms the result, police will issue a court attendance notice. This can take several weeks. You should seek legal advice before your matter comes to court.
An immediate licence suspension may apply from the time of the positive test result. Check whether your licence was suspended at the time of the test. If so, driving is an additional offence. We can advise on your current driving status.
A presence offence under s 111 only requires proof that an illicit drug was present in your system — the prosecution does not need to show any impairment. An impairment offence under s 112 requires proof that you were actually under the influence of a drug to a degree that affected your ability to drive. The two are different offences with different elements and different penalties.
A combined drug and alcohol offence under s 111A may be charged. This carries higher fines and longer disqualification and interlock periods than a standalone drug presence charge. The specific penalties depend on the alcohol reading.
For a first offence under s 111 (presence offence), the minimum disqualification period is 3 months and the automatic disqualification is 6 months. The court retains discretion to impose a longer period. A licence appeal may be available in certain circumstances.
In some circumstances, a court may deal with a matter without recording a conviction, particularly for first offenders with compelling personal circumstances. This is not guaranteed. We advise on the realistic prospects in your matter before any plea is entered.
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