Zero Tolerance for Drug Driving in Australia: An Overview

 

Driving offences, especially due to substance abuse, have become increasingly common all over the world. Australia has also seen a surge in such offences, with the news and media often highlighting the frequent drug-driving incidents in the country. Drug driving is a serious criminal offence punishable by the law. The effects of drugs on the body are often unpredictable, causing hallucinations and affecting physical and mental faculties. Not only does it impair the driver’s abilities, but it also puts the passengers and other road users at risk. Hence, driving under the influence of drugs is just as, if not more, dangerous as drunk driving. The Australian government has a zero-tolerance policy for driving under the influence of drugs. Driving schools and driving instructor courses especially focus on highlighting the dangers of drug driving. This article explores the drugs that are considered illegal, methods of drug testing, repercussions of drug driving, and the efforts made to raise awareness regarding this issue.

Commonly Tested Illicit Drugs

Not all drugs are illegal to use. Drivers should know which drugs are not legally usable so that they can avoid the consequences of driving under the influence of illegal drugs. Here are the main substances tested during roadside checks:

  1. Cocaine
  2. THC (Tetrahydrocannabinol)
  3. Methamphetamine
  4. MDMA (Ecstasy)
  5. Illicit Morphine

Drug Testing Process

Most Australian states and territories conduct random roadside checks to find out if drivers are abusing drugs while driving. Mostly roadside checks are used to collect samples of either blood or saliva. These samples are then checked at a laboratory to determine whether drugs are used or not. Here’s a simple rundown of the drug testing process and how it differs in some states:

  1. Saliva Testing at Roadside: Roadside tests are the most common and basic method of testing for drug abuse. These tests are done across all states and territories. The tests are often random and are designed to flush out drug-driving offenders without warning.
  2. Saliva Collected for Lab Analysis: Another method for testing illicit drugs is to collect saliva samples of individuals and analyse them in the laboratory. Such testing is mandatory in all states except NT.
  3. Blood Testing for Lab Analysis: Besides saliva, blood can also show the presence of illicit drugs in the system. Hence, collecting blood samples for lab testing is also a common alternative for drug tests that is available across all jurisdictions. 

No matter which method of drug testing is used, determining the presence of drugs and their quantity in the individual’s body is important. If the test results are positive and above the allowed quantity, then the individual is punishable by law.

Penalties for Drug Driving by State and Territory

Australia has strict guidelines for driving under the influence of drugs, and drivers are expected to obey these laws. However, there are legal consequences of not following the rules. The penalties for drug driving in Australia differ significantly from state to state. Here’s a state-wise breakdown of these differences: 

Queensland (QLD)

  1. 1st Offence: 1-9 months licence disqualification, along with a fine or up to 3 months imprisonment.
  2. 2nd or Subsequent Offence: Up to 24 months licence disqualification, plus a fine and possible imprisonment.

New South Wales (NSW)

  1. 1st offence: 3–6 months licence disqualification with a fine.
  2. 2nd or Subsequent Offence: Licence disqualification ranging from 6 months to indefinite, along with fines.

Victoria (VIC)

  1. 1st offence: 6-month licence disqualification, fine, and mandatory education course.
  2. 2nd or Subsequent Offence: Minimum 12-month licence disqualification, fine, education course, and zero BAC condition.

Tasmania (TAS)

  1. 1st offence: 3-12 months licence disqualification with a fine and possible imprisonment.
  2. 2nd or Subsequent Offence: 6-24 months licence disqualification, fine, and up to 6 months imprisonment at the court's discretion.

South Australia (SA)

  1. 1st offence: Minimum 3 months licence disqualification with a fine and demerit points.
  2. 2nd or Subsequent Offence: Minimum 12 months disqualification plus fines and demerit points.

Western Australia (WA)

  1. 1st offence: Fine with immediate 24-hour prohibition for anyone testing positive at the roadside.
  2. 2nd or Subsequent Offence: Minimum 6 months disqualification plus fines and possible imprisonment.

Northern Territory (NT)

  1. 1st offence: No licence disqualification but incurs fines and possible imprisonment.
  2. 2nd or Subsequent Offence: Minimum 6 months licence disqualification plus fines.

Australian Capital Territory (ACT)

  1. 1st offence: Licence disqualification ranging from 6 to 36 months but incurs fines and possible imprisonment.
  2. 2nd or Subsequent Offence: Licence disqualification ranging from 12 to 60 months, plus fines and possible imprisonment.

Education and Treatment Programs

Raising awareness in the public regarding the dangers of drug driving and the legal repercussions of breaking these laws is important. Many Australian states offer various educational programmes that help spread the word about drug driving and its perils. Here are some such programmes according to states:

  1. New South Wales, Tasmania, Victoria, Northern Territory: Drug awareness courses can be court-ordered as additional penalties or alternatives to licence disqualification. The court can also order offenders to attend drug awareness courses as an additional penalty or as an alternative to licence disqualification.
  2. Western Australia: In WA, if the offenders plead guilty early on in their case, they may be allowed to participate in treatment programmes under the supervision of the  WA Drug Court.
  3. South Australia: In SA, drug driving offences that involve children under 16 in the vehicle also require dependency assessments.

Conclusion

Drivers in Australia need to know the different rules and subsequent legal penalties related to drug abuse while driving. Driving schools like the Academy of Road Safety also focus on teaching new drivers all about drug driving and its dangers. Driving instructor courses also offer instructors various methods and tips to help develop a safe and responsible attitude in learner drivers. Having this knowledge can help them stay alert and avoid indulging in drugs that can hinder their driving abilities and even cause financial problems. Staying safe and creating drug awareness in young learners is the best way to ensure that future drivers become responsible and maintain road safety.

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