Elements
To convict an individual of drug driving, the prosecution must prove, beyond reasonable doubt, that they were driving with drugs in their system.
Penalties
The severity of the penalty imposed if found guilty of drug driving is dependent upon whether it was a repeat traffic offence.
| First traffic offence in 5 years | Second or subsequent driving offence | |
| Maximum Penalty | A fine of $2,200 and a 6-month licence disqualification | A fine of $3,300 and a 12-month licence disqualification |
| Permissible Reduction | The court can reduce disqualification to a minimum of 3-months | The court can reduce disqualification to a minimum of 6-months |
Alternative penalties that the court can impose also include:
- Section 10 Dismissal
- Conditional Release Order
- Fine
- Community Correction Order
- Intensive Correction Order
- Prison.