Been charged with drug driving in South Australia?

If you decide to plead guilty to an offence of drug driving we can assist you to get the best result possible. Our team of specialist criminal lawyers have extensive criminal law experience and know the best way to present your drug driving case before each of the Magistrates in the state. The results they obtain speak for themselves.

Before proceeding to plead guilty, the first thing our drug driving lawyers do is make sure there is no possible defence to drug driving available to you. We then proceed to make certain, as best we can, that you get the absolute minimum penalty.

Deciding whether or not to plead guilty to drug driving has important implications and should be made after proper discussions with an expert criminal lawyer with experience in drug and drink driving.

You weren’t driving

In some drug driving cases, the wrong person is charged with an offence. There is a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps, the offender was carrying your identification. Regardless, it is a complete defence to this charge if it can be shown that you were not driving the vehicle.

Defective testing apparatus

Given that a drug driving charge deals specifically with the presence of a prescribed drug in the oral fluid or blood, evidence to show that the results yielded by the oral fluid analysis or blood analysis were inaccurate will serve as a defence.

You did not knowingly consume the drug

It is a complete defence under section 47BA(2) of the Road Traffic Act 1961 (SA) if it can be shown that you did not knowingly consume the drug.

You consumed the drug between the time of driving and the test

This legislation is designed to punish and prevent driving while under the influence of a prescribed drug. Thus, if you have chosen to consume the drug prior to an oral fluid or blood analysis, but after having driven your vehicle, then you are not guilty of a drug driving offence.

Police failed to comply with their legal obligations

The Road Traffic Act 1961 and the Road Traffic (Miscellaneous) Regulations 2014 outline a number of procedural conditions in relation to breath and blood analysis with which police must comply. In the event that they fail to comply with any of these requirements (e.g. refusing your request for a blood test), you may have a defence to this charge.

Roadside saliva tests detect:

• THC (cannabis),
• Methylamphetamine (ice, speed),
• MDMA (ecstasy).
• Cocaine.

Prescription drugs are not detected by these tests but may still lead to a DUI charge if impairment is evident.

Yes. A person can be charged even without signs of impairment if THC, MDMA, or methylamphetamine is detected in oral fluid or blood. This differs from DUI, where impairment must be shown.

• Driving with a prescribed drug (s 47BA): Presence of the drug is enough, regardless of impairment.
• DUI (s 47): Involves impairment due to drugs or alcohol—used for substances not included in saliva testing or for severe intoxication.

• THC: Detectable for several hours after use.
• MDMA and methylamphetamine: May be detectable for 24 hours or more, depending on usage and metabolism.

Driving with a prescribed drug present or while under the influence while a child under 16 is in the vehicle is treated more seriously. Penalties are the same, but courts may regard this as an aggravating factor during sentencing.

No. South Australian law does not allow conditional or restricted work licences during a drug driving disqualification. The disqualification applies fully.

If your roadside drug test is positive:

• A second saliva or blood sample is taken and sent to Forensic SA.
• You may receive an instant loss of licence notice.
• You’ll receive a summons or expiation notice after lab confirmation.

Yes. If convicted of drug driving or DUI, you may need to undergo a drug dependency assessment before your licence can be reissued under Motor Vehicles Act 1959 (SA), s 79B.

Yes. You may challenge the result by arguing:

• Contamination or faulty equipment,
• Lack of procedural compliance by police,
• Independent blood testing shows no drug presence.

Legal advice should be sought immediately if you intend to challenge the result.

If you pay it:

• You’ll be disqualified for 3–12 months, depending on offence history.
• You’ll incur 4 demerit points.

You may also elect to be prosecuted, in which case higher penalties and longer disqualification may apply if convicted.

Yes, with legal representation, you may apply for:

• Trifling offence consideration, where the conduct is minor.
• Reduction of demerit points, if “proper cause” exists related to the offence.

Note: Personal hardship (e.g. job loss) is not considered proper cause unless tied directly to the circumstances of the offence.