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  • 23rd January 2012
    New South Wales (NSW) Government Drugs & Driving FAQ
     Issued by NSW Centre for Road Safety

    1. Who will be required to submit to a roadside drug test?

    Any driver, motorcycle rider or supervising licence holder on a NSW road or road related area maybe required to undertake one or more oral fluid tests for the presence of the three illicit drugs.

    Vehicle passengers other than supervisors of learner licence holders will not be required to undertake an oral fluid test.

    Specific NSW Police operations will target heavy vehicle drivers. 
    Police will also target roads around venues used for ‘rave’ and dance parties, suspected by Police to be linked to drug driving. 

    2. What drugs will be detected by roadside drug testing and why have these drugs been chosen?

    Roadside drug testing will detect the following three illicit drugs:

    • Delta-9-tetrahydrocannabinol (THC), the active component of cannabis.
    • Methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’ ‘base’ etc).
    • Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).

    These three drugs are known to be among the most prevalent illicit drugs used by drivers. 

    A recent Roads and Maritime Services (replacing Roads and Traffic Authority) study of drug driving in NSW revealed that of those who reported driving on drugs, the most common drug was cannabis at 81 per cent followed by ecstasy at 13 per cent and speed at 10 per cent.

    Driving after using cannabis results in longer reaction times, alters distance and time perception, lowers concentration, coordination, alertness and ability to react, and narrows or blurs vision.

    Driving after using stimulants such as ecstasy and speed/ice increases risk taking and aggressive driving, causes loss of concentration, and causes blurry or limited vision.

    3. How long after using cannabis can delta-9-tetrahydrocannabinol (THC) be detected?

    Roadside drug testing technology will detect recent usage of cannabis by detecting delta-9-tetrahydrocannabinol (THC), the active ingredient in cannabis.

    Delta-9-tetrahydrocannabinol (THC) will be able to be detected for several hours after use of cannabis, though the exact time will vary, for example depending on the amount and potency of the cannabis used.

    4. How long after consuming ecstasy or methylamphetamine (speed, ice etc) can these drugs be detected?

    Roadside drug testing technology will detect recent usage of speed, ice and ecstasy. In some cases these drugs may be detected by roadside drug screening technology for up to 48 hours after use, though the exact time will vary depending for example on the amount taken, the potency of the drug (ie ice has a much higher potency than speed) and how the drugs have been taken.

    5. Will delta-9-tetrahydrocannabinol (THC) from passive smoking be detected in oral fluid?

    No. There is no evidence to suggest that any THC in the oral fluid as a result of passive smoking will be able to be detected by the oral fluid testing technology.

    6. How will roadside drug testing work?

    Police will conduct a preliminary oral fluid test through the window of your vehicle.

    You will be required to lick the test pad of the device. A result will be known in about five minutes.

    7. How long will an oral fluid test take?

    A preliminary oral fluid test will take about five minutes.  

    If you test negative to this test you will be able to drive away.

    However, if you test positive to the first test you will have to get out of your vehicle and go with a Police officer to provide an oral fluid sample in the Police support vehicle.

    In the Police truck you will provide a sample of your oral fluid, which will be tested using a different oral fluid screening device. This second test should take about 20 minutes.

    If you test positive to this test you will be prohibited from driving for 24 hours by Police, and the remaining portion of your oral fluid sample from this test will be sent to the State’s analytical laboratory, the Division of Analytical Laboratories for confirmatory analysis.

    8. Will I be required to leave my vehicle to undertake an oral fluid test?

    No, not for the preliminary oral fluid test.  Police will conduct this first test through the window of your car.

    However, if you test positive you will have to get out of your vehicle and go with a Police officer to provide a second oral fluid sample in the Police support vehicle.

    9. What will happen to a driver who tests positive to the roadside drug test?

    If you test positive to the preliminary oral fluid test you will have to get out of your vehicle and go with a Police officer to provide a second oral fluid sample in the Police support vehicle. 

    In the Police support vehicle you will provide a sample of your oral fluid, which will be tested using a different oral fluid screening device. This second test should take about 20 minutes.  

    If you test positive to this test you will not be charged at this time, however, you will be prohibited from driving for 24 hours by Police. The remaining portion of your second oral fluid test will be sent to a laboratory for confirmatory analysis. 

    If the presence of one or more of these three drugs is confirmed by the laboratory, you will receive a Court Attendance Notice within a few weeks of your roadside drug test with the charge of driving with the presence of an illicit drug.

    10. Will drivers who return positive result to a roadside drug test be allowed to drive before laboratory analysis of the test is complete?

    If you test positive to this test you will not be charged at this time, however, you will be prohibited from driving for 24 hours by Police.
    After this 24 hour period you can resume driving.

    11. For drivers who return positive results to roadside drug test, when and how will they receive results from laboratory analyses?

    If the presence of one or more of an illicit drug is confirmed by the laboratory, you will receive a Court Attendance Notice within a few weeks of your roadside drug test with the charge of driving with the presence of an illicit drug.

    The Court Attendance Notice will include the details of the charge as well as the time, date and location of their court attendance.  

    You will have to attend court, which will be local to the location of the offence, to face the charge of drive with the presence of an illicit drug.

    12. Will medications be detected by roadside drug tests? 

    The oral fluid test will not detect the presence of prescription drugs including medicines with amphetamine–like substances or common over the counter medications, such as cold and flu tablets.

    Oral fluid tests will only detect delta-9-tetrahydrocannabinol (THC) the active component in cannabis, methylamphetamine (speed, ice, crystal meth, base) and methylenedioxymethylamphetamine (MDMA) ecstasy - substances that are not legally prescribed in Australia.

    13. Why is oral fluid tested rather than blood or urine?

    Collecting oral fluid from drivers at the roadside is much easier than collecting a blood or urine sample.

    Oral fluid testing devices are a non-invasive, rapid and reliable way to screen for drugs at the roadside.

    14. How accurate is the oral fluid drug screening technology?

    The oral fluid test is a screening test only.  Oral fluid drug screening technology provides a reliable indicative result in a matter of minutes, making it ideal for use as a roadside screening device but not for an evidentiary result to be used at court.

    Those who are screened as being drug positive will be required to provide a further additional oral fluid sample for further testing.

    Only a positive drug result from the Government’s analytical laboratory can be used to prosecute for a drug driving offence.

    15. What are the penalties if the laboratory confirms the presence of one or more of the three illicit drugs in your oral fluid sample?

    The penalty for a first offence is a maximum $1,100 fine and three (minimum) to six months (maximum) licence disqualification.  

    The penalty for a second or subsequent offence is a maximum $2,200 fine and licence disqualification for minimum six months up to an unlimited period.

    16. What happens if a driver refuses to be tested?

    If a person refuses to be tested at the roadside they can be fined $1,100. They will also have to accompany a Police officer to the Police truck where they will have to provide a sample of their oral fluid.

    If they refuse to provide an oral fluid sample a maximum fine of $3,300 applies, plus licence disqualification for a minimum of six months up to an unlimited period.

    A driver who refuses to be tested can also be prohibited from driving for 24 hours by Police.

    17. What happens if I am unable to provide an oral fluid sample?

    A person who has genuinely attempted but is unable to provide a sample of their oral fluid will be required by Police to provide a sample of blood in lieu of an oral fluid sample.

    The person will be taken by Police to a hospital to have the blood sample taken. The state’s analytical laboratory will analyse the sample for the presence of any drug.

    If they refuse to provide a blood sample then a maximum $3,300 fine applies. 

    18. Don’t stimulants such as methylamphetamine (speed, ice, crystal meth, base) make you a more alert driver?

    While methylamphetamine, in its various forms, can increase your alertness they can also cause you to: 

    • Take more risks. 
    • Drive aggressively. 
    • Believe you drive better than you really can.
    • Be overstimulated and lose concentration. 
    • Have blurry or limited vision. 
    • See things on the road that aren’t where you think they are. 
    • Have scattered thoughts or delusions.

    Driving when you’re coming down is also very dangerous.  When the effects of stimulants are wearing off your driving is still affected. You may fall asleep at the wheel.

    19. Will oral fluid samples be destroyed when the evidentiary drug analysis is complete?

    No, the remaining proportion will be stored at the laboratory for six months.  
    This is so a person can apply for a portion of their own sample to be independently analysed by another laboratory at their own expense.

    20. What about other illicit drugs?

    Drivers found to be impaired by any illicit drug can currently be prosecuted under existing Police powers for the drive under the influence offence.

    There is also a new offence of drive with the presence of cocaine or morphine (heroin) in blood or urine; however drivers will not be randomly tested for these drugs using a roadside drug test.

    21. Can drivers be charged with both drug and alcohol offences?

    Yes. It will be possible for a person to be prosecuted for a prescribed concentration of alcohol offence as well as an offence of presence of delta-9-tetrahydrocannabinol (THC), the active component of cannabis, methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’ ‘base’ etc) and methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).

    However, if a person is prosecuted for a drive under the influence offence, they cannot also be prosecuted for a prescribed concentration of alcohol offence or presence of drugs offence.

    22. If a driver tests positive to drugs will they be searched, or have their vehicles or property searched?

    Police already have the power to search persons and vehicles for drugs or other items if they have reasonable grounds to suspect evidence of an offence may be found there.

    In most cases, no search will occur. However, there could be evidence of drug or other offences apparent to police administering the test. In these circumstances they have the power to conduct a search. 


  • Dec 22, 2011
    Drug-driving roadside tests 'on the way' says UK government
    From BBC Newsbeat by Jim Reed

    Prime Minister David Cameron has said more needs to be done to crack down on drivers who take drugs and get behind the wheel.
    In other countries, like France and Germany, police carry out saliva tests at the roadside to detect cannabis, cocaine and other substances.
    Drugs are suspected of playing a part in 250 fatal accidents a year in the UK.

    Now the government has said it wants to introduce a similar system in the UK as soon as possible.
    Newsbeat's been to Dunkirk in France to see how it works.

    As well as pulling over cars and breathalysing for alcohol, police in the French port have extra powers.
    During one stop, a man in his early 20s passes the breathalyser test - but police are still suspicious.
    "The visage - his face, the face," says the police officer. "We suppose that he has been smoking cannabis."
    What happens next cannot - as things stand - happen in the UK.
    They take him to a nearby van to check for drug use and to get a swab of saliva.

    Ten minutes later the results come back negative.
    But more than 9,000 motorists have been convicted of drug driving in France since this type of testing was introduced in 2003.
    A similar system exists in countries like Germany, Italy and Australia.

    Testing in the UK
         In Britain, police don't test for drugs at the roadside.
    They check for things like dilated pupils and - if drug use is suspected - the person is asked to walk in a straight line and count to 30.
    If they fail then can they be taken away to give a blood sample.
    But campaigners say that doesn't happen often enough.
    "They haven't taken it seriously enough," says Michaela Groves.
    "It actually gives you the same effects as drink driving does. So why can't we combine them both and have zero tolerance on both of them?"

    Michaela's 14-year-old niece, Lillian, was killed by a speeding driver who had smoked cannabis.
    But he wasn't tested until nine hours after the incident and could only be convicted of careless driving.
    "They need to re-examine the whole thing," says Michaela. "Why have a law in place and not be able to use it and use it effectively?"

    But roadside drug testing in Britain could be controversial.
    Drugs like cannabis can stay in your system for days and critics say that could mean a person fails a test even though it's not affecting their driving.
    Police currently have to prove that the drug has actually made a suspect unfit to drive.

    The government is now considering whether to change the law to make it an offence to simply test positive for an illegal substance at the roadside.  

    Aug 17, 2009
     UK Drug Driving
     An advertising campaign warning of the risks of driving after taking drugs is being launched in England and Wales.

    The Department for Transport (DfT) estimates that one in five drivers or riders killed in road accidents may have an impairing drug - legal or illegal - in their system.

    Young men aged between 17 and 29 are thought to be most likely to drive while on illegal drugs.

    • Cannabis - distorts a driver's perception of time and distance so other vehicles seem closer than they really are. Users also struggle to do two things at once, like changing gear and steering

    • Cocaine - causes a feeling of over-confidence, leading to aggressive, risky driving at high speeds

    • Amphetamines, such as speed - impair co-ordination and make drivers less likely to react to potential hazards

    • Ecstasy - causes blurred vision and poor judgement, and may also lead to extreme anxiety and paranoia

    Police(in the UK)currently have no equivalent to an alcohol breathalyser to test for drugs and instead use a Field Impairment Test or FIT.

  • Aug 04, 2009
    2.2% +ve to drugs in NSW
     THE NEW SOUTH WALES Police Force has today launched the first of five new drug testing vans, equipped to test motorists for the presence of drugs.

    Since roadside drug testing was first introduced in NSW in 2006, over 37,700 drug tests have been conducted and over 820 drivers have tested positive.

    Mr Tony Kelly, Minister for Police said “Drug driving is a serious crime and any driver on drugs can seriously put the lives of other motorists at risk"

    Of the 820 drivers who tested positive for the presence of drugs, the majority came from combinations of cannabis, ecstasy and Methamphetamine.

  • Nov 09, 2007
    Drug Driving test kits get the green light in Scotland
     SCOTLAND on SUNDAY reports that ROADSIDE tests for drug-driving are to be given the go-ahead in a bid to crack down on reckless motorists who go on the roads having taken illegal substances.

    ROADSIDE tests for drug-driving are to be given the go-ahead in a bid to crack down on reckless motorists who go on the roads having taken illegal substances. Ministers will confirm later this month that new roadside kits capable of spotting traces of drugs will be used across the country. It follows shocking figures which found that almost 20% of drivers involved in fatal accidents had traces of drugs in their system. Police in Australia are already using the kits - known as 'drugalysers' - which test a motorist's saliva. Police here would be able to charge guilty motorists under drink-driving laws, if the test was brought in. The Home Office will publish guidance in the next two weeks setting out strict standards for the kits. Scottish ministers have now made it clear that, once they are available, they hope to roll them out across Scotland. The move follows a campaign by the Conservative Party north and south of the Border to make drug-driving as socially unacceptable as drink-driving. Surveys have shown that as many as one in five youngsters take to the wheel having taken drugs. However, punishing somebody for the offence has so far proven near impossible because of the lack of reliable tests. Police have been forced to rely on 'common-sense tests' such as asking motorists to walk in a straight line. Consequently, it emerged last year that 1,705 drivers had escaped prosecution for drink or drug-driving over the past four years because of insufficient and unreliable evidence. It is hoped the new kits will be able to prove quickly and conclusively whether drugs have been taken.

  • Oct 01, 2007
    Drug sensing
     OxTox is producing testing kits for the police to identify drivers under the influence of drugs. They will be as reliable and easy to use as alcohol breathalysers.

    Australian tests for cannabis and methamphetamines indicate drug driving is twice as common as drink driving.

  • Sep 10, 2007
    Saliva testing by end of year
     12:00a.m. 10 September 2007, Daily (Queensland, Australia) reports that Sunshine Coast drivers can expect to be randomly tested for drugs before Christmas.

    Last week police minister Judy Spence confirmed roadside drug testing is planned to begin in November.

    Police aim to test 20,000 drivers within the first year of the scheme being introduced.

    Legislation was passed last February to allow drug testing of drivers after the state government raised its concern over the results of government-sanctioned testing undertaken by QUT. The preliminary results indicated drivers were almost four times more likely to test positive to the recent use of cannabis, speed or ecstasy than alcohol. About 2000 Queensland drivers were paid $20 each for their saliva swabs to help with the research. At the time of the tests transport minister Paul Lucas said the tests would only pick up the presence of illicit substances taken within a few hours and not drugs taken days or weeks earlier. The government had originally intended to roll out the program earlier this year but had been slower than expected to bring its drug buses onto the road. It is believed two drug buses and a dedicated team of 24 police officers will be used to enforce the new laws. Drivers will be required to provide a saliva sample and if they test positive they will need to provide another one. If the second reading is positive it will be sent to a laboratory for analysis. Confirmation from the laboratory will result in the driver being charged.

  • Jul 29, 2007
    One in 50 drivers test positive to drugs in the State of Victoria (Australia).
    29 July, 2007. The Herald Sun reports that there have been 33,050 drug tests since the ground-breaking roadside program began in Victoria in December 2004.

    653 of the 33,050 tested proved positive to either cannabis or amphetamines or both.

    The strike rate of positive tests is much higher than drink-driving campaigns, which find an average of only one in 250 drivers over the blood-alcohol limit.

  • Jul 01, 2007
    One in 38 drivers test positive to drugs in the South Australia
    The Sydney Morning Herald reports that one in 38 drivers tested positive to drugs in the first 12 months of roadside drug testing according to the South Australian government.

    ROADSIDE tests for drug-driving are to be given the go-ahead in a bid to crack down on reckless motorists who go on the roads having taken illegal substances.

    Ministers will confirm later this month that new roadside kits capable of spotting traces of drugs will be used across the country. It follows shocking figures which found that almost 20% of drivers involved in fatal accidents had traces of drugs in their system. Police in Australia are already using the kits - known as 'drugalysers' - which test a motorist's saliva. Police here would be able to charge guilty motorists under drink-driving laws, if the test was brought in.

    The Home Office will publish guidance in the next two weeks setting out strict standards for the kits. Scottish ministers have now made it clear that, once they are available, they hope to roll them out across Scotland.

    The move follows a campaign by the Conservative Party north and south of the Border to make drug-driving as socially unacceptable as drink-driving.

    Surveys have shown that as many as one in five youngsters take to the wheel having taken drugs. However, punishing somebody for the offence has so far proven near impossible because of the lack of reliable tests. Police have been forced to rely on 'common-sense tests' such as asking motorists to walk in a straight line.

    Consequently, it emerged last year that 1,705 drivers had escaped prosecution for drink or drug-driving over the past four years because of insufficient and unreliable evidence. It is hoped the new kits will be able to prove quickly and conclusively whether drugs have been taken.




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