Have you been charged with Driving While Impaired by a Drug?
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Driving While Impaired by a Drug
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Exceeding the Prescribed Concentration of Drugs Present in the Body
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Driving Over the Concentration of Drug and Alcohol Limit
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Refusing to Undergo an Assessment for Drug Impairment
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Refusing to Comply With Directions to Provide Additional Samples for Analysis
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Refusing to Undergo an Oral Fluid Test
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Exceeding the Prescribed Concentration of an Illicit Drug (Blood Analysis) within 3 Hours of Driving or being in Charge of a Motor Vehicle
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Expca (Blood Analysis) of Alcohol and Drugs Within 3 Hours of Driving of Being in Charge of a Motor Vehicle
What does it mean to be Charged with Driving while Impaired by a Drug?
Section 49(1)(ba) of the Road Safety Act (RSA) makes it an offence for a person to drive or be in charge of a motor vehicle while impaired by a drug. This means that if a person is found to have drugs in their system and their ability to drive is impaired as a result, they can be charged under this section.
The list of drugs applicable to s 49(1)(ba) is extensive, and is not limited to illicit drugs. It may include prescription or non-prescription medication which could impair your driving or ability to control a motor vehicle.
What the Prosecution Must Prove:
For a charge under section 49(1)(ba), the prosecution must establish the following elements:
- You must have been either driving or in control of a vehicle.
- There must be evidence that one or more drugs were detected in your system at the time.
- An assessment of drug impairment carried out under section 55A must show that your behaviour is consistent with the effects of the drug(s) in question.
- The drug(s) must have affected your ability to drive properly, which is assessed based on behaviour typically associated with the drug’s effects.
Penalties for Driving while Impaired by Drug/s:
Penalties under section 49(3) for a conviction under section 49(1)(ba) are as follows:
- First offence: A fine of up to 12 penalty units.
- Second offence: A fine of up to 120 penalty units or imprisonment for up to 12 months.
- Subsequent offences: A fine of up to 180 penalty units or imprisonment for up to 18 months.
A separate penalty applies to a supervising driver offence, which is limited to a fine of up to 5 penalty units under subsection (3AA).
Where Will My Case Be Heard?
Driving While Impaired by a Drug case will be heard will be heard in the Magistrates Court.
Factors and defences to consider:
- Were you driving whilst impaired by drugs?
- Were you aware the drugs you had taken were not prohibited while driving?
- Were these drugs prescription or non-prescription drugs?
- If prescribed: Did you doctor advise you not to dive whilst taking this medication?
- Did the medication instructions advise you not to dive whilst taking this medication?
- Did you take the medication as per the prescription?
- Were you aware it could impair your driving ability?
- Are these regular medications or a one-off prescription?
- What were the surrounding circumstances of your case?
What happens next?
If you have been charged with driving or being in control of a motor vehicle while impaired by a drug, it’s crucial to act quickly and effectively to protect your legal rights and ensure the best possible outcome.
Now is the time to make sure that you have a lawyer who can give you sound advice, help you prepare your evidence, and discuss the key issues to be addressed in your matter. Preparation is essential to the success of any case, especially if your driver’s licence is important to your livelihood and daily life.
Importance of Legal Representation
Facing court without legal representation can put your rights at risk. A lawyer will not only help you understand the charges but also navigate the court process and build a strong case on your behalf. In cases where your licence is on the line, having professional guidance is especially important.
For example, under section 50AA of the Road Safety Act (RSA), if you have a conviction for a driving offence more than 10 years ago, it will not be counted as a prior offence for the purposes of disqualification. However, the Magistrate still has the discretion to disqualify you from driving for longer than the mandatory two-year minimum, even if there’s more than 10 years between offences.
If you’ve been charged, the police may have already suspended your licence under section 85A. This suspension prevents you from driving until your case is determined in court. However, this suspension can be appealed, and a lawyer can assist you in making this application while awaiting your court date.
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Driving While Impaired by a Drug
-
Exceeding the Prescribed Concentration of Drugs Present in the Body
-
Driving Over the Concentration of Drug and Alcohol Limit
-
Refusing to Undergo an Assessment for Drug Impairment
-
Refusing to Comply With Directions to Provide Additional Samples for Analysis
-
Refusing to Undergo an Oral Fluid Test
-
Exceeding the Prescribed Concentration of an Illicit Drug (Blood Analysis) within 3 Hours of Driving or being in Charge of a Motor Vehicle
-
Expca (Blood Analysis) of Alcohol and Drugs Within 3 Hours of Driving of Being in Charge of a Motor Vehicle
What to Do Next?
If you have been charged with driving while impaired by a drug, don’t wait. Call MK Law today on 1800 130 120 to ensure you have the right legal support. We will guide you through the legal process, help you prepare your defence, and ensure that your rights are protected every step of the way. Our experienced team understands how vital your licence is, and we will work with you to achieve the best outcome possible.
Contact us now to get the legal advice and representation you need.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au