On 29 November 2017, the South Australian Parliament approved changes to alcohol and drug driving penalties and roadside drug testing.
The changes are intended to reduce the incidence of drug driving and improve road safety for all road users.
Drug driving is one of a number of contributors to road deaths in South Australia. Between 2012 and 2016, an average of 24% of drivers or riders killed on South Australian roads tested positive to THC (the active component in cannabis), methylamphetamine (speed, ice or crystal meth), MDMA (ecstasy) or a combination of these drugs.
Unlike alcohol-related road fatalities the number of motorists killed in road crashes who are testing positive to drugs is not decreasing, with an average of 13 drivers/riders killed testing positive each year.
Key changes coming into effect include:
If a screening test is positive, an oral fluid sample will be sent for laboratory analysis to confirm the presence of drugs, as per existing practice.
The minimum licence disqualification for drivers who elect to be prosecuted and are convicted by the court for a first drug diving offence will increase from three to six months.
CURRENT PENALTIES | CHANGES FROM 8 MARCH 2018 | ||
---|---|---|---|
Driving with prescribed drug in oral fluid or blood | First | ‘On the spot’ fine (currently $587); and | Current penalties plus Licence disqualification - 3 months OR Current penalties with increased Licence disqualification – not less than 6 months |
Second offence | Court penalty – a fine of not less than $1,100 and not more than $1,600; and | Current penalties with Licence disqualification increased to not less than 12 months. | |
Third | Court penalty – a fine of not less than $1,500 and not more than $2,200; and | Current penalties plus Licence disqualification increased to not less than 2 years | |
Subsequent offences | Court penalty – a fine of not less than $1,500 and not more than $2,200; and | Current penalties plus Licence disqualification increased to not less than 3 years | |
Refusal or failure to undertake a drug screening test, oral fluid analysis or blood test | First | Court penalty – a fine of not less than $900 and not more than $1,300; and | Current penalties plus Licence disqualification increased to not less than 12 months |
Subsequent offences | Court penalty – a fine of not less than $1,500 and not more than $2,200; and | Current penalties plus Licence disqualification increased to not less than 3 years |
* Penalties do not include $60 Victims of Crime Levy
A driver who expiates a first drug driving offence will incur a three month licence disqualification in addition to the existing expiation fee and four demerit points.
A person drug or drink driving places a child passenger at an increased risk of being involved in a serious crash. For this reason, a new offence will apply for drug or drink driving with a child under the age of 16 present in the vehicle. This offence will apply where the driver’s blood alcohol content is .08 or greater – that is, a category 2 offence and higher – and to all drug driving offences, including driving under the influence and refusing or failing to undertake an alcohol or drug screening test.
Drivers committing this offence will not regain their licence until they show they are not dependent.
Penalties that apply for the respective drug or drink driving offence such as a fine, licence disqualification period and demerit points will also apply.
Drivers who commit repeat drug and drink driving offences, or who commit one of the new offences with a child aged under 16 in the vehicle, must undergo a dependency assessment and be found not dependent in order to regain their driver’s licence.
When the new laws take effect, these drug and drink drivers will have the option of completing an alcohol or drug dependency treatment program. Drivers must show they are not dependent in order to regain their driver’s licence.
The cost of a dependency assessment will continue to be borne by the driver. Any costs arising from participation in a treatment program would also need to be borne by the driver.
Drivers required to enter the Mandatory Alcohol Interlock Scheme will continue to be exempt from undertaking a dependency assessment.
The offence of driving unlicensed attracts an expiation fee of $454 or a maximum court penalty of $1,250.
From 24 April 2018, any person caught driving unlicensed who was required to show that they are not dependent on alcohol or drugs will face a fine of up to $5,000 or imprisonment for one year and disqualification from holding or obtaining a licence for not less than three years.
This is consistent with the approach taken for motorists caught driving unlicensed following disqualification for a serious drink driving offence and not having entered the Mandatory Alcohol Interlock Scheme.
More information:
National Road Safety Week is being held across Australia from 15 - 22 May 2022.
Holidaymakers travelling through Port Wakefield over the coming long weekends are being asked to be patient and plan ahead for their journeys, as major project works continue.
National Road Safety Week is being held across Australia from 15 - 22 May 2022.
Holidaymakers travelling through Port Wakefield over the coming long weekends are being asked to be patient and plan ahead for their journeys, as major project works continue.