Drug Testing and Drug Offences (NT)
Drug Testing and Drug Offences (NT)
In the Northern Territory, police carry out random drug testing of drivers, as well as testing drivers’ blood alcohol content (BAC). A person who is found to be driving with a prohibited drug in their system may be sentenced to a fine, a term of imprisonment, and a period of licence disqualification. This page deals with drug testing and drug driving offences in the NT.
Which drugs are prohibited?
In the NT, it is prohibited to have some drugs in one’s system while driving under any circumstances. Examples of these drugs are cannabis, methamphetamines, heroin and cocaine.
Other drugs are prohibited while driving unless they have been prescribed by a medical practitioner and are being taken as directed. Examples include morphine and methadone.
How drug tests are conducted
The police have the power to use roadside saliva tests and blood samples to test drivers who may be driving under the influence of drugs.
A police officer may require you to take a saliva test if:
- it is a random roadside driver test
- you are the driver of a vehicle with a gross vehicle mass of 4.5 tonnes or more
- the police suspect that you are driving under the influence of a drug
- the police believe that you were the driver of a vehicle that was involved in an accident that happened no more than four hours ago.
If you return a positive result in a saliva test, you will need to undertake a blood test. This will occur at a hospital or health centre.
Drug driving offence
Under section 28 of the Traffic Act 1987, it is an offence for a person to drive with a prohibited drug in their body.
For a first offence, a person may receive a fine of up to 5 penalty units or imprisonment for three months.
For a second offence, a person may receive a fine of up to 7.5 penalty units or a term of imprisonment of up to six months. They will also be subject to a mandatory disqualification period of three months.
A person who is found guilty of this offence for a third time will incur a mandatory six-month disqualification period.
Defence – prescription medication
Under section 29 Traffic Act 1987, a person has a defence if they are found to be driving with a prohibited drug in their system but it is a drug that they have been prescribed and they are taking it in accordance with the directions of a medical practitioner.
Failing to comply with drug test
The Traffic Act 1987 also contains offences consisting of failing to submit to a saliva test or a blood test.
Saliva test
A person who fails to submit to a saliva test may be fined 5 penalty units or imprisoned for three months for a first offence.
For a second offence, they may be fined 7.5 penalty units or imprisoned for six months. A mandatory disqualification period of three months also applies.
A person found guilty of this offence for a third time will be disqualified from driving for at least six months.
Blood test
A person who fails to give a blood sample may be fined up to 10 penalty units or imprisoned for up to 12 months for a first offence. A mandatory disqualification period of 12 months also applies.
For a second offence, a person may be fined up to 20 penalty units or imprisoned for up to 12 months. A mandatory disqualification period of 18 months applies.
Driver education course
If you lost your licence because of drug driving, you must complete the Back on Track driver education course before you can apply for a licence.
The course consists of factual information about the effects of alcohol and drugs on your health, lifestyle and emotions, as well as the legal issues that can flow from misusing drugs and alcohol.
The course is offered by various training providers across the NT.
When the course is satisfactorily completed, the driver is issued with a certificate, which they can take to the Motor Vehicle Registry and apply for a licence.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
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