This is illegal and can result in fines, licence suspension, or imprisonment.
The state uses both roadside saliva tests and blood tests to determine whether a driver is under the influence of drugs.
A positive test result can lead to immediate suspension of a driver’s licence and charges being laid.
What is the court process for drug driving?
- Arrest and charging: If you are arrested for drug driving, you will be taken to a police station where you will be charged with the offence. You will be given a court date, and you may be released on bail or required to remain in custody until your court hearing.
- First court appearance: On the date of your first court appearance, you will be formally charged with the offence and enter a plea of guilty or not guilty. If you plead guilty, the court will proceed to sentencing. If you plead not guilty, your case will be adjourned for further hearing.
- Pre-trial hearings: If you plead not guilty, your case will likely go through a series of pre-trial hearings. During these hearings, the prosecution and defence will present evidence and argue their respective positions.
- Trial: If the case goes to trial, the prosecution will present evidence and call witnesses to prove its case against you. You will have the opportunity to cross-examine these witnesses and present evidence and witnesses of your own.
- Sentencing: If you are found guilty, the court will sentence you for the offence. The sentence will depend on the specific circumstances of your case and your criminal history.
It is important to note that it’s common for drug driving cases to be resolved before going to trial with plea bargaining, where the prosecution and defence agree to a specific sentence in exchange for the defendant pleading guilty.
Possible penalties for drug driving include:
- Fines
- Licence suspension or disqualification
- Imprisonment
- Attendance at a drug education or treatment program
- Installation of an ignition interlock device on your vehicle
- Community service
Additionally, a conviction for drug driving will result in a criminal record which can affect your employment and travel prospects.
It is advisable to seek legal advice if you are facing drug driving charges to understand the charges against you, the evidence that the prosecution has, and the possible defences that may be available to you.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your drug driving case in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.