Home > Advice & Services > Drugs and alcohol > Roadside drug driving testing > Penalties and outcomes
Results from laboratory testing of a saliva sample determine if an infringement notice is issued.
An infringement notice will be issued if the laboratory test finds one or more of the 25 drugs in your saliva at or above the legal limit (threshold). A positive test indicates the drug(s) was taken recently.
Penalties
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Two positive roadside drug screening tests
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Forbidden to drive for 12 hours
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One listed qualifying drug detected (at or above the threshold)
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$200 and 50 demerit points
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Two or more listed qualifying drugs detected (at or above the threshold)
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$400 and 75 demerit points
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- Refusing to comply with roadside drug testing procedures will result in an infringement notice issued at the roadside that includes a $400 fine, 75 licence demerit points, as well as being forbidden to drive for 12 hours.
- The same infringement penalty applies for each repeat offence.
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There are also combination offences which include offences where a driver has tested positive for both alcohol and drugs. Penalties for combination offences are usually higher to reflect the higher crash risk.
FAQs
Will I lose my licence?
Testing positive does not directly result in a loss of licence. Although, the infringement for a positive lab test includes a fine and licence demerit points. A driver’s licence is suspended for three months if a driver accumulates 100 demerit points within a two-year period.
What if I receive an infringement for a drug I have been legally prescribed?
If you are issued an infringement notice following a positive laboratory test for a medicine you have a valid and current prescription for, and you have taken that medicine as prescribed, you may apply for a medical defence.
Find out more about medical defence.
Can roadside drug testing lead to a criminal charge?
Testing positive for drug driving from saliva will primarily result in an infringement notice.
However, a blood test may be required in some circumstances. A blood test could result in an infringement or criminal charge.
A blood test may be required following roadside drug driving testing when a driver:
- is unable to provide enough saliva for a drug screening test or sample for laboratory testing
- has been involved in a crash involving death or injury of another person, and the driver has two positive drug screening tests
The outcome of a blood test depends on the concentration of drug(s) found in the blood by laboratory analysis. It is an infringement offence if the drug concentration is within the tolerance level, and a criminal offence if the drug concentration is at a high-risk level. You can find these in Schedule 5 of the Land Transport Act 1998.
What happens to my vehicle if I am banned from driving for 12 hours?
In most cases, you can arrange to have another person collect you and your vehicle.
The vehicle is not automatically impounded or towed. If no-one can collect the vehicle, and it cannot be safely left where it is, it may be towed. In these cases, the vehicle owner will be responsible for any towing and storage costs.