Penalties for main drug related driving offences
The penalties for some of the main drug related driving offences are set out in the table below.
Offences | Penalties | ||||||||
Provision of Road Transport Act 2013 | 1st offences | 2nd and subsequent offences | |||||||
Max. fine | Max. gaol | Automatic disqualification | Minimum disqualification | Max. fine | Max. gaol | Automatic disqualification | Minimum disqualification | ||
s.112(1)(a) | Driving under the influence of alcohol or other drug | $3,300 | 18 mths | 3 years | 12 mths | $5,500 | 2 years | 5 years | 2 years |
s.111 | Drive with illicit drug in oral fluid, blood or urine | $2,200 | Nil | 6 mths | 3 mths | $3,300 | Nil | 12 mths | 6 mths |
Schedule 3 Cl. 16(1)(c) or 16(1)(d) | Refuse to submit to oral fluid or sobriety test | $1,100 | Nil | At the discretion of the court. | $1,100 | Nil | At the discretion of the court. | ||
Schedule 3 Cl. 17(1)(a) or 17(1)(b) | Refuse to submit to taking of blood or oral fluid sample | $3,300 | Nil | 3 years | 6 mths | $5,500 | 18 mths | 5 years | 12 mths |
Schedule 3 Cl. 17(1)(c) | Refuse to submit urine sample | $3,300 | 18 mths | 3 years | 6 mths | $5,500 | 2 years | 5 years | 12 mths |
Schedule 3 Cl. 17(2) | Prevent taking of blood sample | $3,300 | 18 mths | 3 years | 12 mths | $5,500 | 2 years | 5 years | 2 years |