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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.
In South Australia, any motorist who commits a drink driving or drug driving offence will be charged under the Road Traffic Act 1961. Under these laws, a police officer has the power to request that a motorist take a roadside drug test in certain circumstances in order to test for illegal substances.
This means that if you are involved in a motor vehicle accident, have broken a law or are driving in a manner than shows you may be affected by a drug, you may have to take a random roadside drug test. These powers are quite broad and therefore it is important that you understand the testing procedure and your rights when dealing with a police officer.
Testing procedure
Roadside testing involves the taking of a small swab of saliva from the inside of your mouth and then using that sample to test for any illegal drugs present in your sample. This includes substances such as THC, methamphetamines and MDMA. The first testing procedure takes no longer than five minutes to complete. Those who’s test returns a result indicating drug use, will be required to attend a drug bus or at a police station to be tested for a second time. After this process, the motorist will be charged with the relevant drug driving offence and be suspended from driving for a period of time stipulated by the police officer.
It is important to note that you can also be charged with drug driving if a police officer determines that a prescription drug has affected your ability to drive safely. This includes treatments of anti depressants, antihistamines and some cold and flu medications.
Penalties and Charges
Under South Australian law, you can either be charged with driving under the influence of a drug or driving with a prescribed drug present. Both of these drug related offences carry different penalties depending on the circumstances surrounding the incident.
Driving with a prescribed drug present
The less serious of the two offences is driving with a prescribed drug present in the system. This law makes it illegal for a person to attempt to drive a motor vehicle while a prescribed drug is present in their system. As explained above, a prescribed drug includes MDMA, THC and methamphetamines as provided under the Road Traffic (Miscellaneous) Regulations 2014. The penalties for this offence range depending on how many times you have committed the offence.
| First Offence | A fine of $900 to $1300 and a disqualification of 3 months |
| Second Offence | A fine of $1100 to $1600 and a disqualification of 6 months |
| Third Offence | A fine of $1500 to $2200 and a disqualification of 12 months |
| Further Offence | A fine of $1500 to $2200 and a disqualification of 2 years |
Driving under the influence
The more serious offence of driving under the influence makes it an offence for a person to attempt to drive a vehicle after taking a drug that has impaired their ability to drive safely. A motorist will generally be considered to be driving under the influence of a drug if the person’s mental or physical abilities appear to be compromised i.e. slurring, incapacity to walk or confused speech. As above, the penalties for this offence vary depending on whether it is a first or second time offence.
| First Offence | A fine of $1100 to $1600 and a disqualification of 12 months or imprisonment for 3 months |
| Further Offence | A fine of $1900 to $2900 and a disqualification of 3 years or imprisonment for 6 months |
Refusing a roadside test
It is also an offence in some circumstances to refuse a police officer’s request to provide a sample for testing. If you decline a roadside test, you will generally face a fine of $900 to $1300, as well as a probable driving disqualification of 6 months. If you commit the same offence for a second time, you may be facing a penalty of $1500 to $2200 and a driving disqualification for 2 years. Therefore, it is important to always comply with the instructions of a police officer in relation to drug driving tests in order to avoid unnecessary penalty.
Do I need legal advice?
Due to the complex nature of South Australian drug driving laws, it is important to understand the nature of the charges laid against you and whether any avenue of appeal is available to you. A lawyer can assist you with this and also help prepare you for any court appearances that are involved with the charge.
If you require legal advice or representation in a drink driving matter in SA, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1300 636 846, contact us online or book a consultation with one of our experienced lawyers.
faqs: - question: 'What happens if I refuse to take a roadside drug test in South Australia?' answer: 'Refusing a roadside drug test is an offence under South Australian law and carries penalties similar to drug driving charges. Police have broad powers to require testing if you''re involved in an accident, have broken traffic laws, or are driving in a manner suggesting drug impairment. Refusal can result in immediate licence suspension, fines, and court proceedings. It''s important to understand that refusing the test doesn''t avoid consequences and may actually worsen your legal position.' - question: 'How long will my licence be suspended for drug driving in South Australia?' answer: 'Your licence will be immediately suspended by police following a positive drug test result in South Australia. The suspension period varies depending on whether it''s your first offence and the specific circumstances. First-time offenders typically face a minimum 6-month disqualification period, while repeat offenders face longer suspensions. The court will determine the final disqualification period when your case is heard, which may differ from the initial police suspension period.' - question: 'How much does legal representation cost for drug driving charges in South Australia?' answer: 'Legal costs for drug driving matters vary depending on case complexity and court appearances required. Go To Court Lawyers offers an initial fixed-fee consultation for $295, allowing you to discuss your case and understand your options without unexpected costs. This consultation covers reviewing the evidence against you, explaining potential penalties, and outlining defence strategies. Additional representation costs depend on whether your matter proceeds to court and the complexity of your defence.' - question: 'How can a lawyer help with my drug driving charge in South Australia?' answer: 'A lawyer can examine the testing procedures to identify potential defences, such as improper administration of tests or faulty equipment. They can negotiate with prosecutors for reduced charges, represent you in court to minimise penalties, and advise on licence appeal processes. Lawyers can also help distinguish between prescription medication defences and recreational drug charges, potentially saving your licence and reducing fines. Professional representation significantly improves your chances of achieving the best possible outcome.' - question: 'How quickly do I need to act after being charged with drug driving in South Australia?' answer: 'You should seek legal advice immediately after being charged with drug driving in South Australia. You typically have 28 days to respond to the court notice, and early action is crucial for building an effective defence. Time limits apply for challenging licence suspensions and gathering evidence like medical records for prescription drug defences. Prompt legal intervention allows lawyers to review police procedures, obtain witness statements, and prepare the strongest possible case before court deadlines expire.' ---