Need a Drink Driving lawyer in ACT?
Speak to a qualified local lawyer today. Free 24/7 hotline or book a $295 consultation.
This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
It is a criminal offence in the Australian Capital Territory to drive a motor vehicle under the influence of a prescribed drug. In certain circumstances, a police officer can require you to take a drug test to check whether you have committed an offence. Such a test can be required either randomly or following an accident. The rules dealing with how a drug test is administered are contained in the Road Transport (Alcohol and Drugs) Act 1977 and the Road Transport (Alcohol and Drugs) Regulation 2000. Failure to take a drug test may result in criminal charges.
What is drug testing?
Two different kinds of drug tests are carried out in the Australian Capital Territory. Both involve testing an oral fluid sample provided by a driver for the presence of a drug. The first is a drug screening test. The second test is taken if the drug screening test has a positive result. It is known as oral fluid analysis.
Circumstances when a drug screening test may be required
Under the Road Traffic (Alcohol and Drugs) Act 1977, a person may be required to take a drug screening test in the following circumstances:
- Where they are a driver or driver trainer on a road or road-related area (section 13A);
- Where the police suspect they were the driver of a vehicle at the time of an accident (section 13B);
- Where the police suspect they were the driver trainer at the time of an accident (section 13BA);
- Where the police suspect they have committed the offence of culpable driving (section 13C);
A person must follow the police officers’ instructions when taking the test. They may be required to wait for up to half an hour if the police officer does not have a drug screening device handy, but they can only be required to do so if the police officer reasonably suspects that there is a drug in their body.
Drug screening tests following an accident
If you are involved in a car crash on a road or a road related area, a police officer can require you to take a drug screening test, regardless of whether they suspect you drove the motor vehicle under the influence of a drug. You can be required to remain in a particular place for up to 30 minutes to take the drug screening test. You must also comply with the police officers’ directions or you may commit a criminal offence.
Drug screening tests for culpable driving
A police officer can require you to take a drug screening test if they reasonably suspect you of committing the criminal offence of culpable driving. You can be required to remain in a particular place for up to 30 minutes to take the drug screening test, and you should comply with the police officers’ directions or you might commit a criminal offence.
Taking an oral fluid analysis
If you take a drug screening test in one of the above circumstances and the results suggest you do have a drug in your body, the police officer who administered the drug screening test can take you into detention for the purposes of taking an oral fluid analysis. You can also be taken into custody if you fail or refuse to take the drug screening test.
You will then be required to give an oral fluid sample for oral fluid analysis. One part of the sample will be sealed in a tamper-proof container and tested later to confirm the results of the preliminary analysis. You will receive a written statement of the results of the analysis.
Offences
You will commit a criminal offence in the ACT if you refuse to provide an oral fluid sample for the purposes of the above tests, unless there are medical reasons that you could not give a sample. You will also commit a criminal offence if you do not follow the directions of the police officer administering the test. It is also an offence to refuse to undergo a drug screening test. For each of these offences, the maximum penalty is a fine of 30 penalty units.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What drugs are police testing for during drug screening tests in the ACT?' answer: 'Drug screening tests in the ACT detect prescribed drugs, which typically include methamphetamine, MDMA (ecstasy), and THC (cannabis). The oral fluid analysis tests for the presence of these substances in your system. If you test positive for any prescribed drug while driving, you can face criminal charges regardless of whether you feel impaired. Both random roadside testing and post-accident testing use the same drug detection methods to identify these illegal substances.' - question: 'What are the penalties for testing positive to drugs while driving in the ACT?' answer: 'Testing positive for prescribed drugs while driving in the ACT results in criminal charges with serious penalties including fines, licence disqualification, and potential imprisonment for repeat offences. The severity depends on factors like the type of drug detected, your driving history, and whether an accident occurred. First-time offenders typically face automatic licence suspension and substantial fines. These penalties appear on your criminal record and can affect employment, travel, and insurance. Court appearance is mandatory for drug driving charges.' - question: 'How much does it cost to get legal advice for ACT drug driving charges?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for ACT drug driving matters, providing you with expert legal advice about your case. This consultation covers reviewing the circumstances of your drug test, explaining potential penalties, discussing defence options, and outlining the court process. Early legal advice is crucial as drug driving charges carry serious consequences including criminal conviction and licence disqualification. The consultation helps you understand your rights and the best approach for your specific situation.' - question: 'How can a lawyer help with my ACT drug driving charge?' answer: 'A lawyer can examine the drug testing procedure for technical defects, challenge the admissibility of evidence, and identify potential defences to your ACT drug driving charge. They can negotiate with prosecutors, represent you in court, and work to minimise penalties such as licence disqualification periods. Legal representation is essential for understanding complex drug testing laws, ensuring proper court procedures are followed, and achieving the best possible outcome. Lawyers can also advise on work licence applications if your employment depends on driving.' - question: 'How quickly must I take action after being charged with drug driving in the ACT?' answer: 'You should seek legal advice immediately after being charged with drug driving in the ACT, as there are strict time limits for court appearances and defence preparation. Your court date will be specified on the charge documents, and failure to appear can result in additional penalties. Early action allows your lawyer time to obtain police evidence, investigate testing procedures, and prepare your defence. Some applications, like work licences, have specific timeframes. Prompt legal assistance maximises your chances of achieving a favourable outcome in court.' ---