Have you been charged with a Drug Driving Offence?

Drug driving offences are increasingly common across the Northern Rivers, particularly with roadside testing conducted on major routes throughout Byron Bay, Ballina, Lismore, and Tweed Heads. In NSW, it is an offence to drive with the presence of an illicit drug in your system, even if you are not impaired.

The consequences can include licence disqualification, heavy fines, and for repeat offenders, the risk of imprisonment.

Many people are surprised to learn that roadside drug tests do not measure impairment—they detect trace amounts of substances such as cannabis, MDMA, or cocaine. These substances can remain detectable long after the effects have worn off. A strong defence may include challenging the testing procedure, the accuracy of laboratory analysis, or whether police followed proper protocols during the roadside stop.

First-time offences can often be dealt with in the Local Court through a conditional release order without conviction, provided strong submissions and supporting material are presented. For repeat offenders, or where aggravating factors exist, courts may impose longer disqualification periods or community-based penalties.

A drug driving lawyer will help gather character references, evidence of need for a licence, and proof of rehabilitation where appropriate. If the charge involves driving under the influence of drugs (DUI)—a more serious offence—police must prove actual impairment, making the quality of the evidence critical to the outcome.