Drug driving is a rising issue in Australia, with severe penalties across all states. Unlike alcohol, where driving laws set a legal limit, any detectable amount of illicit drugs specified in the state’s laws can lead to serious consequences, including fines, licence disqualification, and, in some cases, imprisonment.
Just like with drink driving penalties in Australia, specific laws vary by state, making it crucial for drivers to be aware of the regulations where they live. Understanding these laws helps promote safer driving and reduces the risk of accidents on Australian roads.
Drug driving a rising concern in Australia
Drug driving has become a significant road safety concern, with research showing its prevalence may even surpass drink driving in certain groups. The risk associated with drug driving is alarmingly high, comparable to driving with a blood alcohol concentration of 0.1 to 0.15%.
A study referenced by the National Road Safety Partnership Program revealed that approximately 1 in 4 drivers killed in road crashes over a ten-year period in Australia tested positive for drugs other than alcohol. Moreover, drug driving contributes to an estimated 10-30% of road fatalities in the country.
These statistics underscore the urgent need for increased awareness and preventive measures.
READ MORE: The rising need for comprehensive roadside drug testing
Victoria
Victoria was the first state in the world to implement roadside drug testing. The state has stringent drug driving laws to ensure road safety. The state focuses on detecting THC/cannabis, methamphetamine, and MDMA through saliva tests.
Just like other states, a positive test will undergo lab confirmation before any charges are laid.
Drugs Detected
- THC
- Methamphetamines
- MDMA
Penalties
- First offence: Fine of three penalty units*
- Repeat offences: Up to 120 penalty units
- Licence/learner’s permit suspension for six months (first time offenders)
- Licence cancelled for at least 12 months (repeat offenders)
- Mandatory drink and drug behaviour change program
- Possible court conviction
* As of 1 July 2024, one penalty unit is equal to $197.59
New South Wales (NSW)
New South Wales was the first state in Australia to include cocaine in their roadside drug testing processes. The state government maintains strict regulations against drug driving, targeting cannabis, cocaine, and methamphetamine.
Testing is carried out via saliva, blood, or urine samples depending on the situation and its severity.
Drugs detected
- Cannabis
- Cocaine
- Methamphetamine
Penalties
- Up to $3,300 ($2,200 for first time offenders)
- A minimum licence disqualification of 3 months
Western Australia
In Western Australia, authorities test for THC, methamphetamine, MDMA, and cocaine using saliva, blood, or urine samples. The state enforces minimum licence suspensions for drug driving, with severe penalties, including fines and potential long-term disqualifications, for those caught driving under the influence.
Drugs detected
- Cannabis
- Methamphetamines
- MDMA
- Cocaine
Penalties
- Minimum 3-month licence suspension
- Maximum disqualification of up to 12 months
- Court-imposed fine of $3,300, excluding penalty notice fines
South Australia
South Australia is the latest state to implement cocaine in their roadside drug testing. This new drug group will be included in 2025. South Australia takes a proactive approach in combating drug driving by also targeting THC, methamphetamine, MDMA.
The state imposes substantial fines, demerit points, and licence disqualifications on offenders, with harsher penalties for repeat violations, underscoring its commitment to road safety.
Drugs detected
- THC
- Methamphetamines
- MDMA
- Cocaine (from 2025)
Penalties
- First offence between $900 to $1,300, 4 demerit points and licence disqualification
- Subsequent offences no more than $2,200, licence disqualification between six months to 2 years depending on number of offences.
- Four demerit points
Australian Capital Territory (ACT)
The ACT has some of the toughest penalties for drug driving in Australia. Offenders, detected via saliva samples are required to appear before the court, face hefty fines, potential imprisonment, and long-term licence disqualifications, particularly for repeat offences.
If a test subject is unable to provide an oral sample, a blood test may be administered. A confirmatory lab test is to be conducted before a driver is charged for drug driving.
Drugs detected
- THC
- Methamphetamines
- MDMA
Penalties
- First offences warrant fines up to $2,400 and/or imprisonment (up to nine months)
- Repeat offenders warrant fines up to $3,200 and/or imprisonment (up to 12 months)
- Licence disqualification up to three years for first time offenders or five years for repeat offenders
Queensland
Queensland's drug driving laws focus on detecting methamphetamines, MDMA, THC, and cocaine (since July 2023) through saliva tests. Drivers under the influence face hefty fines and licence suspensions, underscoring the state's commitment to road safety.
Like other states, Queensland conducts roadside drug testing via saliva samples. If the test results come back positive, a second test is conducted. If the second test also comes back positive, the sample will be sent to a lab for confirmatory testing.
Drugs tested
- Methamphetamines
- MDMA
- THC
- Cocaine
Penalties
- Licence disqualification of one to nine months
- Fines of up to $2,258
Drug testing for safer driving
As drug driving laws continue to tighten across Australia, it's crucial to ensure homes, workplaces, and communities remain compliant and safe. Andatech offers a range of reliable drug test kits that help detect up to 11 different substances, including cannabis, cocaine, methamphetamines, benzodiazepines, opiates, MDMA, and more.
Our saliva and urine drug test kits are designed for ease of use, delivering accurate results quickly, so you can maintain a drug-free environment.
Implementing regular drug testing can significantly reduce risks and enhance safety at work. Explore our range today and take proactive steps in safeguarding your team.
