NEW SOUTH WALES

Drug Driving Offences and Penalties NSW

In shortNSW drug driving offences include driving with a prescribed illicit drug present (s 111), driving under the influence of a drug (s 112), and refusing or interfering with drug tests (Schedule 3). A first drug presence offence carries up to 20 penalty units and an automatic 6-month disqualification. Driving under the influence carries up to 18 months' imprisonment.

Drug presence (s 111): THC, methylamphetamine, MDMA or cocaine, or morphine in blood or urine. Up to $2,200 for a first offence; automatic 6 months' disqualification, minimum 3 months.
Under the influence (s 112): up to $3,300 and 18 months' jail for a first offence; automatic 3 years' disqualification, minimum 12 months.
Refusal and tampering (Sch 3): penalties range from $1,100 for refusing a roadside oral fluid test to $3,300 and 18 months for refusing to provide a sample, with long disqualifications for the more serious offences.

New South Wales law · law checked 23 Oct 2026

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How NSW deals with drug driving

NSW courts treat drug driving seriously. Magistrates consider the drug detected, whether you were affected by it, whether you complied with testing, whether there was a crash, and your traffic and criminal record. NSW Police conduct mobile drug testing on roads, and a positive test can lead to an immediate licence suspension in some cases.

The law is in the Road Transport Act 2013 (NSW), mainly ss 111, 111A and 112 and Schedule 3. A NSW penalty unit is $110.

The main drug driving offences in NSW

Presence of a prescribed illicit drug in oral fluid, blood or urine (s 111(1)).
Presence of morphine in blood or urine (s 111(3)).
Combined alcohol and drug offences: a prescribed illicit drug present together with a prescribed concentration of alcohol (s 111A).
Driving under the influence of alcohol or any other drug (s 112).
Refusing or failing to undergo an oral fluid test, or to provide an oral fluid, blood or urine sample (Sch 3 cll 16, 17).
Wilfully introducing or altering the amount of a drug in your oral fluid or blood before a test (Sch 3 cl 18).

Each offence has its own maximum penalty and disqualification. The more serious offences carry imprisonment.

Penalties: first offence

Offence	Maximum fine	Maximum jail	Automatic disqualification	Minimum disqualification
Prescribed illicit drug present (s 111(1))	20 penalty units ($2,200)	None	6 months	3 months
Morphine present (s 111(3))	20 penalty units ($2,200)	None	6 months	3 months
Under the influence of a drug (s 112)	30 penalty units ($3,300)	18 months	3 years	12 months
Refuse or fail roadside oral fluid test (Sch 3 cl 16(1)(c))	10 penalty units ($1,100)	None	To confirm (decision N3)	–
Refuse or fail to provide oral fluid sample for analysis (cl 17(1)(b))	30 penalty units ($3,300)	None	3 years	6 months
Refuse or fail blood sample after positive oral fluid test (cl 17(1)(a), cl 9)	30 penalty units ($3,300)	None	3 years	6 months
Refuse or fail other required blood or urine sample (cl 17)	30 penalty units ($3,300)	18 months	3 years	6 months
Alter drug amount in oral fluid before test (cl 18(1)(c))	30 penalty units ($3,300)	None	3 years	6 months

Penalties: second or subsequent offence within 5 years

Offence	Maximum fine	Maximum jail	Automatic disqualification	Minimum disqualification
Prescribed illicit drug or morphine present (s 111)	30 penalty units ($3,300)	None	12 months	6 months
Under the influence of a drug (s 112)	50 penalty units ($5,500)	2 years	5 years	2 years
Refuse oral fluid sample or blood sample under cl 9 (cl 17)	50 penalty units ($5,500)	18 months	5 years	12 months
Refuse other required blood or urine sample (cl 17)	50 penalty units ($5,500)	2 years	5 years	12 months

The disqualification periods come from s 205(2) and (3). "Automatic" means it applies without a specific order. The court can order a shorter period, but not below the minimum, or a longer one. A previous major offence dealt with by penalty notice in the previous 5 years also counts (s 205(3)).

Combined alcohol and drug offences (s 111A) carry higher disqualification: for example, automatic 2 years (minimum 12 months) for a first middle range plus drug offence, and automatic 4 years (minimum 18 months) for a first high range plus drug offence, and they trigger a mandatory interlock order. See alcohol interlock laws in NSW.

Which drugs are tested for?

The "prescribed illicit drugs" for s 111 are THC (the active ingredient in cannabis), methylamphetamine ("speed" or "ice"), MDMA ("ecstasy") and cocaine (s 4). Morphine is dealt with separately. These drugs can remain detectable after the effects wear off, so feeling fine to drive is not a defence to a presence-only charge. Cannabis in particular can be detected for some time after use.

If an oral fluid sample was provided within 2 hours of the driving, the result is taken to show the drug was present at the time of driving unless you prove it was absent (Sch 3 cl 32).

Medicinal cannabis and prescribed medicines

A prescription for medicinal cannabis is not a defence to a THC presence charge under s 111. There is a defence for morphine taken for medicinal purposes (s 111(5)–(6)). Any medicine, prescribed or not, can still found an under the influence charge under s 112 if it affected your driving.

Penalty notices and immediate suspension

Note the date: Parliament passed a medical cannabis driving reform (Act No 33 of 2026) in September 2026, but no commencement has been proclaimed as at 21 October 2026. For now, a prescription for THC is still not a defence to driving with cannabis present. For a first-time drug presence offence (s 111(1)), police can issue a penalty notice ($722 as at October 2026) with a 3-month licence suspension (RTA s 59(4A)) instead of a court attendance notice. If you elect to go to court (Fines Act 1996 s 23A), the court penalties above apply, and any suspension period already served is taken into account on disqualification (RTA s 206B). For more serious offences, such as driving under the influence, refusing a sample, tampering, or any drug offence linked to a crash causing injury or death, you will be required to go to the Local Court.

Police can also suspend your licence immediately in some cases, such as a charge for driving under the influence (s 224). A suspension can be appealed to the Local Court, but the test is strict. See licence suspension appeals in NSW.

Can the court reduce the disqualification?

Yes, down to the statutory minimum, if the court thinks fit. Matters that can be relevant include a clean record, rehabilitation, a strong need for a licence for work, family or carer responsibilities, and a genuine commitment to not reoffending.

No conviction under section 10

In some cases the court can deal with the matter without recording a conviction under s 10 of the Crimes (Sentencing Procedure) Act 1999. Without a conviction, the automatic disqualification does not apply. It is usually only considered for lower-level first offences with strong personal circumstances, and it is not available if you received a s 10 for a drink or drug driving offence in the previous 5 years (RTA s 203). It is unlikely for a second offence, a crash, a refusal or an allegation of tampering. See section 10 for drink driving in NSW.

What the court looks at

your driving and criminal history;
any crash, injury or danger to the public;
your cooperation with police;
your need for a licence for work, family or medical reasons; and
steps you have taken, such as rehabilitation, clean tests, counselling or a traffic offenders program.

Defending a drug driving charge

Some drug driving charges can be defended. Issues that may arise include:

whether you were driving or attempting to put the vehicle in motion;
whether police had the power to require the oral fluid test and followed the testing procedure in Schedule 3;
whether the laboratory analysis and certificates are in order, and whether the sample was handled correctly;
for an under the influence charge, whether the evidence actually shows that a drug affected your driving, as opposed to its mere presence; and
for a refusal charge, whether you were unable on medical grounds to provide the sample, which is a defence (Sch 3 cl 16(2), cl 17(4)).

A lawyer can obtain the brief and laboratory results and advise whether a defence is realistic before you plead.

Getting legal help before you go to court

A lawyer can check the testing procedure and certificates, advise whether the evidence proves the offence charged, gather character references, medical and work material and rehabilitation evidence, and make submissions about penalty and disqualification. For alcohol offences, see drink driving penalties in NSW.

This page is general information only, not legal advice.

Call 1300 941 900 or make an enquiry about legal representation.

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FAQs: drug driving in NSW

Can I be charged if I did not feel affected?

Yes. Drug presence under s 111 only requires that a prescribed illicit drug was present. Feeling fine is not a defence.

Will I lose my licence for a first drug presence offence?

If convicted, yes: an automatic 6 months, which the court can reduce to no less than 3 months. A penalty notice for a first offence carries a licence suspension instead.

What happens if I refuse a drug test?

Refusing a roadside oral fluid test carries up to 10 penalty units. Refusing to provide an oral fluid sample for analysis, or a required blood or urine sample, is far more serious, with fines of up to $3,300 or more, long automatic disqualification and, in some cases, imprisonment.

Are penalties higher for a second offence?

Yes. Maximum fines rise and the disqualification periods are much longer, as the table above shows.

Is medicinal cannabis a defence?

No. There is no defence for THC presence based on a prescription. There is a medicinal-use defence for morphine.

Can I avoid a conviction?

In some first-offence cases the court may deal with the matter under s 10, but it is not available if you had a s 10 for drink or drug driving in the previous 5 years.

Sources and date checked

The law on this page was checked against these primary and official sources on 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

Road Transport Act 2013 (NSW) – ss 4 (prescribed illicit drug), 111, 111A, 112, 203, 205, 224, Sch 3 cll 16–18, 32 — checked 21 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – s 10; s 17 (penalty unit $110) — checked 21 Oct 2026
Transport for NSW – Drug driving penalties — checked 21 Oct 2026

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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