Resource Centre > Traffic Law

Drug Driving


To convict an individual of drug driving, the prosecution must prove, beyond reasonable doubt, that they were driving with drugs in their system. 


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 yearsSecond or subsequent driving offence
Maximum PenaltyA fine of $2,200 and a 6-month licence disqualificationA fine of $3,300 and a 12-month licence disqualification
Permissible ReductionThe court can reduce disqualification to a minimum of 3-monthsThe 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.