Drug Driving Offences WA
Drug driving is the term used to describe an offence of driving while impaired by drugs or driving with an illicit drug in your system.
If you are found to have an illicit drug in your system at the time of driving, you are committing an offence no matter how much of the drug is recorded.
It is a different offence to drive while impaired by drugs. You will be charged with this offence if you cannot successfully complete a driver assessment test as this shows that you are impaired by the drug and cannot drive safely.
The penalty for driving under the influence of an intoxicating liquor or drug is:
First offence –
A fine not less than $700 and not more than $1,200; or
Imprisonment for not more than three months.
A licence disqualification for not less than 12 months and 6 demerit points also applies.
Subsequent offence –
A fine of not less than $1,500 and not more than $2,500; or
Imprisonment for not more than 6 months.
A licence disqualification for not less than three years and 6 demerit points also applies.
If you have been taking prescribed medication and you have been charged with an offence of drug impaired driving, you should get legal advice. In certain circumstances it is possible you may have a defence to the charge.