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Frequently Asked Questions

Drug Driving

In Western Australia, it is against the law for anyone to drive under the influence of a psychoactive drug (a drug that affects the mind or behaviour), and this includes alcohol.

The Road Traffic Act 1974 section 63 is the relevant legislation, and breaking this law carries penalties including disqualification from driving, fines and/or imprisonment.

For more information regarding the law in WA, we would recommend you contact Office of Road Safety (www.ors.wa.gov.au) or WA Police (www.police.wa.gov.au)

In Western Australia the Road Traffic Act 1974 states that “A person who drives or attempts to drive a motor vehicle while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle commits an offence, and the offender may be arrested without warrant”. A person convicted of an offence against this is liable for the following:

Offence: Driving with the presence of a prescribed illicit drug and/or Failure to comply with requirement for sample of Oral Fluid or Blood for drug testing. Penalties: First offence – Maximum fine $500 and 3 demerit points*. Second or subsequent offence: fine of $500 - $1000 and minimum 6 months licence disqualification.

Offence: Driving while impaired by a drug and/or Failure to comply with requirement for driver assessment or provision blood or urine for drug analysis. Penalties: First offence – fine of $900 - $2500 and minimum 10 months licence disqualification. Second offence: fine of $2100 - $3500 (or 9 months imprisonment) and minimum 30 months licence disqualification. Subsequent offence: fine of $2100 - $5000 (or 18 months imprisonment) and licence disqualification for life.

As you are enquiring about the law, we would recommend you visit the Office of Road Safety website (www.ors.wa.gov.au) or the WA Police website (www.police.wa.gov.au).

* Demerit points are doubled on long weekends and other prescribed holiday periods.

Thank you for your enquiry however we are not sure which drug you are referring to.

Drugs affect every person differently. The drug you use (strength, dose, how and how often you use it and other drugs) can affect how long it stays in your system. It can also be affected by you as an individual depending on your tolerance, age and gender, overall health, metabolism, mood and environment you are in.

In Western Australia, it is against the law for anyone to drive under the influence of a psychoactive drug (a drug that affects the mind or behaviour), and this includes alcohol.

For more information regarding the law in WA, we would recommend you contact Office of Road Safety (www.ors.wa.gov.au) or WA Police (www.police.wa.gov.au)

Alternatively, if there is anything else we can help you with please let us know. You can do this by submitting a new question.

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Drug Aware Margaret River Pro

The Drug Aware Margaret River Pro is held between 29 March and 9 April. Find out more about the Pro here.