Drive with Prescribed Illicit Drug

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.

Drug Driving Lawyer

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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