This offence is more fully described as “Driving while having present in oral fluid, blood or urine, a prescribed illicit drug”.
Section 111 (1) & (3) of the Road Transport Act 2013 creates an offence for a person to drive a motor vehicle, attempt to put it in motion or sit alongside a learner while having present in his/her oral fluid, urine or blood, a prescribed illicit drug (cannabis, speed or Ecstasy) or in his/her urine or blood, morphine or cocaine.
These two offences carry the same penalties as those of Low Range Prescribed Concentration of Alcohol and must not be confused with DUI – driving under the influence of a drug.
Also, these offences have nothing to do with any prescribed concentrations. If an illicit drug is detected in your oral fluid (saliva), blood or urine – and you are driving a motor vehicle, attempting to put a vehicle in motion, or accompanying a learner driver, then you have committed an offence.
Under the Road Transport (General) Regulation 2013 a Standard is required for instruments/devices used in testing the oral fluid of a driver.
Regulation 31(2) requires that the “oral fluid testing device” used by police in random drug testing has a standard whereby it must be capable of indicating a concentration of 150 ng/mL or greater.
Regulation 31(1) requires that the “oral fluid analyzing instrument” must be must be capable of confirming the presence of a prescribed illicit drug in a sample of oral fluid.
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