Drug driving — drug presence (first offence) in New South Wales: Demerit Points & Fine (2026-27)

Drug-driving covers driving with certain illicit drugs present in your system, and in most jurisdictions the test looks for the presence of the drug rather than measuring impairment, so there is no equivalent of a legal alcohol limit. Prescription and over-the-counter medicines are treated differently, usually turning on whether driving was actually impaired, but the common roadside test targets specific illicit substances.

Detection is by roadside oral fluid testing, often run alongside random breath testing, with a confirmatory laboratory test where a sample returns a positive result. As with drink-driving, the handling differs by jurisdiction: some territories deal with a lower-level detection on the spot, and where they do the notice can still carry demerit points, while others treat every drug-driving matter as a court matter with no infringement option at all.

Given that a drug-driving finding can carry disqualification and, in some places, a criminal record, the stakes are high and the rules are not uniform. This is general information rather than legal advice; if your licence or a charge is on the line, speak to a qualified lawyer about your circumstances.