
New Changes to Roadside Drug & Alcohol Testing in NSW: What You Need to Know
The recent changes to roadside drug testing procedures in New South Wales (NSW) took effect on 1 September 2024. Under the updated regime, NSW police roadside testing now involves more stringent protocols. If a driver tests positive for an illicit substance during the initial Mobile Breath Test (MBT) swab test, the driver will be arrested and undergo an immediate roadside oral test. This replaces the previous practice of transporting drivers to a police station.
Substances Tested for During Roadside Drug Testing in NSW
In New South Wales, police are currently testing for both alcohol and prescribed illicit substances, which include:
- Cocaine
- Methylamphetamine (also known as “Ice” or “speed”)
- 3,4-methylenedioxymethylamphetamine (commonly known as “ecstasy”, “caps”, “molly” or “MDMA”)
- Delta-9-tetrahydrocannabinol (THC, the psychoactive compound in cannabis)
How the Roadside Testing Procedure Works
Police officers will conduct an initial roadside alcohol and drug test using an oral fluid test (drug wipe). This test quickly screens for the presence of alcohol or illicit drugs in the driver’s system.
- Positive result: If the test returns a positive result, the driver will be required to provide a saliva sample for further analysis.
- Laboratory testing: The saliva sample is then sent to a laboratory for detailed testing, ensuring accurate and reliable results.
Consequences of Testing Positive for Alcohol or Drugs
If the laboratory confirms the presence of alcohol or illicit substances, the driver may face serious legal consequences including:
- Criminal charges
- Fines
- Driver licence suspension
In addition, drivers who test positive at the roadside are prohibited from driving for 24 hours following the initial positive result.
If the laboratory analysis confirms a positive reading, you may be charged with a drink or drug driving offence or receive a fine and penalty notice in the mail. Following payment of your fine, your driver licence will likely be suspended for 3 months. This suspension can be appealed in court (refer to our article on Driver Licence Appeal).
How New Roadside Drug Testing Helps Enforce Road Safety
The new roadside drug testing procedure aims to streamline the testing process, allowing officers to spend less time at the station and more time on the road, enforcing road safety rules. By improving the efficiency of roadside drug testing, NSW police can help reduce the incidence of drug driving and promote safer roads.
Legal Assistance for Drug Driving Charges in NSW
If you are facing a drug driving charge and the potential loss of your driver licence, seeking proper legal assistance is crucial. Experienced lawyers can navigate the complex legal landscape, helping to potentially reduce your driver licence suspension or exploring alternative outcomes.
Our legal team provides expert representation, ensuring your rights are protected throughout the process. Given the severity of drug driving offences and the potential long-term consequences—such as driver licence suspension—our professional legal advice is invaluable in achieving the best possible outcome.