Drug use can impair your driving ability. It can increase the likelihood of an accident.
There are harsh penalties for driving under the influence of drugs. There are even heavier penalties for drivers who have already offended.
Police officers can conduct drug testing on any driver, rider or driver trainers (including driving instructors, driver assessors and any person who is supervising a learner) in the ACT.
Random roadside drug testing
Under Section 20 of the Road Transport (Alcohol and Drugs) Act 1977 it is an offence for a person to drive a motor vehicle on a public street or in a public place if that person has a prescribed drug present in their blood or oral fluid.
On 30 June 2010, legislation was passed in the ACT allowing for road side drug testing of motorists on ACT roads. Amendments to the legislation came into effect on 1 December 2010, with further amendments on 13 May 2011.
Under previous legislation, police needed to suspect a driver was under the influence of drugs before being able to test the driver.
The new legislation enables random roadside drug testing. It also means that driver trainers (including driving instructors, driving assessors and any person who is supervising a learner driver) can be required to undergo random breath testing and random drug testing.
Police officers who are trained and authorised to operate the testing devices can conduct random roadside drug testing of drivers.
An oral swab is the initial method of testing and, if necessary, blood tests may be taken by medical personnel. If a laboratory confirms a drug is present, an offence has been committed.
What does the testing process mean for you?
The test pad of an oral fluid test device will be placed on your tongue. The results usually take approximately ten minutes. If the results are negative you will be free to go.
If the results are positive, you will be asked to step out of the vehicle and participate in a second oral fluid test. If the results are negative, you will be free to go.
If the results to the second test are positive, you will be directed not to drive a vehicle for up to 12 hours and the results sent to an independent laboratory for confirmation. You will be advised of the outcome of the test. If you receive a positive result, you will be required to attend court. You can also have part of your sample independently tested at another lab at your cost and arrangement if you wish to do so.
A blood test may be needed if you are unable to provide a saliva sample.
Drugs and their effects
Do drugs affect me when I am driving?
Both illegal and prescription drugs can be dangerous when you are driving. If you are taking prescription drugs, check with your doctor that it is safe to drive. Mixing drugs or alcohol can further increase risks of impairing your driving ability.
What are the drugs random drug tests for?
ACT Policing can test for all drugs. However, Random drug testing using saliva samples will test for the active ingredient in cannabis (delta-9-tetrahydrocannabinol - THC), speed and ice (methamphetamine) or ecstasy (MDMA).
How long do drugs remain in the body?
There is no exact timeframe for the length of time that drugs remain in the body. A variety of factors need to be taken into consideration including a person’s health, type of test, ingestion method, type and concentration of the drug, volume and frequency of consumption.
What effect do drugs have?
Information about the effect of drugs can be found on the Department of Health and Ageing website.
Penalties
The maximum penalty for drug driving is a fine of 10 penalty units for a first offence, or 25 penalty units and up to three months imprisonment for a repeat offender. A court can also issue a period of licence disqualification.
Non-cooperation with the testing is also considered an offence and can result in fines or imprisonment.
For more information, visit Territory and Municipal Services.
More information
For help with drug dependence issues, contact ACT department of Health’s Alcohol and Drug Program 24 Hour Intake and Helpline – 6207 9977.
For more information concerning drug driving visit Territory and Municipal Services or Austroads.