Have you been charged with Driving While Impaired by a Drug?

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).

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.

Immediate Licence Suspension

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.