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.
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.
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.
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.
