South Australia Police conduct random roadside saliva testing to detect the presence of three illegal drugs including:
- THC – the active component in cannabis
- Methylamphetamine – also known as speed, ice or crystal meth
- 3,4-methylenedioxymethamphetamine (MDMA) – also known as ecstasy.
These types of drugs have been shown to have the potential to increase the risk of road crashes. Laboratory testing, driving simulators and ‘on road’ testing has shown that these drugs can impair performance on driving-related tasks.
Drug driving is one of a number of contributors to road deaths in South Australia. On average, between 2003 and 2007, 24% of drivers or riders killed on South Australian roads tested positive to THC, Methylamphetamine, MDMA, or a combination of these.
Many drivers remain unaware of the effects that these types of drugs can have on their driving ability – including impaired coordination, muscle weakness, impaired reaction time, poor vision, an inability to judge distance and speed and distortions of time, place and space.
Random roadside saliva testing for THC, Methylamphetamine or MDMA is part of the State Government’s commitment to improving road safety and reducing the loss of lives and incidence of serious injuries on South Australian roads.
| Don't mix driving with alcohol or drugs (including medicines). To avoid the risks, plan ahead |
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Designate a non-drinking driver, if you are with others |
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Catch a taxi home |
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Use public transport |
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Stay the night |
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Arrange for someone to pick you up - only accept a lift if you are certain the driver has not been drinking or using other drugs |
Further information and/or assistance related to alcohol and other drugs
If you are:
- Worried about your own alcohol or other drug use.
- Concerned about a friends or relatives alcohol or other drug use.
- Worried that your teenager may be using drugs.
- Uncertain about services in your area.
- Wanting more information.
- Needing to talk to someone.
Contact that Alcohol and Drug Information Service on 1300 13 1340 or visit Drug and Alcohol Services South Australia for more information.
This confidential and anonymous telephone service operates 24 hours a day, and is staffed by specialist drug and alcohol counsellors who can provide:
- Information on alcohol, illegal drugs and some prescription drugs.
- Counselling & professional assistance in helping you deal with & understand your own or another's alcohol or other drug problem.
- Referral options if you require further ongoing assistance.
- Publications on alcohol & other drug related information & services.
More frequently asked questions
What the Law says
Under the Road Traffic Act 1961, it is an offence to drive or attempt to drive a motor vehicle with THC, Methylamphetamine or MDMA present in your oral fluid or blood.
Unlike drink driving, where a prescribed concentration of alcohol must be present for an offence to have been committed, the presence of any amount of the drugs tested will constitute an offence.
Drivers and riders can be stopped at random by any police officer at any time, anywhere in South Australia, and tested for these three illegal drugs as well as alcohol. This includes a passenger acting as qualified supervising driver for a learner driver.
While the saliva test does not detect prescription or common over the counter medications such as cold and flu tablets, drivers who are impaired by other drugs (either prescription or illicit) will continue to be prosecuted under section 47 of the Road Traffic Act 1961 for the existing offence of driving under the influence of an intoxicating liquor or drug – commonly referred to as ‘DUI’.
Random roadside saliva tests are conducted to improve road safety. The legislation does not allow police to use the test results or admissions or evidence relating to the tests for anything other than driving-related offences.
It is an offence to refuse, or to fail to comply with, a request for a drug screening test, oral fluid analysis or blood test.
Penalties
The following penalties apply for drug driving offences under the Road Traffic Act 1961.
Important Changes to Drug Driving Penalties Effective 1 July 2008
The offence of driving with a prescribed drug in oral fluid or blood will attract an expiation fee of $420 and 4 demerit points.
The offence of driving while having a prescribed concentration of alcohol (from 0.05 to 0.079) present in blood will also attract an expiation fee of $428 and 4 demerit points.
All drivers and riders who present at a hospital as a result of a motor vehicle crash and are required to have a blood sample taken will be tested for both alcohol and the three prescribed drugs. While this requirement is not new, prior to 1 July 2008 blood samples taken from drivers and riders were only tested for prescribed drugs, in addition to alcohol, in cases where they were admitted to hospital.
Note – Section 47I of the Road Traffic Act 1961 requires that blood samples must be taken from all persons (including passengers) who are 14 years or older and, as a result of a motor vehicle accident, have suffered an injury and attend at or are admitted into hospital for the purpose of receiving treatment for that injury.
These penalties are designed to send a clear message to drivers about the severity of taking drugs and operating a motor vehicle and reflect the danger these drivers present to themselves and to the safety of other road users.
| Driving with prescribed drug in oral fluid or blood (section 47BA of the Road Traffic Act 1961) |
First offence |
‘On the spot’ fine; and 4 demerit points OR Court penalty – a fine of not less than $500 and not more than $900; and 4 demerit points |
|---|---|---|
| Second offence | Court penalty – a fine of not less than $700 and not more than $1,200; and 4 demerit points; and Licence disqualification - not less than six months | |
| Third offence |
Court penalty – a fine of not less than $1,100 and not more than $1,800; and 4 demerit points; and Licence disqualification - not less than 12 months | |
| Subsequent offences | Court penalty – a fine of not less than $1,100 and not more than $1,800; and 4 demerit points; and Licence disqualification - not less than 2 years | |
| Refusal or failure to undertake a drug screening test, oral fluid analysis or blood test (section 47BA of the Road Traffic Act 1961) |
First offence |
Court penalty – a fine of not less than $500 and not more than $900; and 6 demerit points; and Licence disqualification – not less than 6 months |
| Subsequent offences | Court penalty – a fine of not less than $1,100 and not more than $1,800; and 6 demerit points; and Licence disqualification - not less than 2 years |
Penalties also apply to drivers who refuse or fail to undertake a drug screening test, oral fluid analysis or blood test when required to do so by a police officer.
Drivers impaired by other drugs (either prescription or illicit) will continue to be prosecuted under section 47 of the Road Traffic Act 1961 for the existing offence of driving under the influence of an intoxicating liquor or drug. This offence carries severe penalties and drivers may be fined up to $1,200 for a first offence, in addition to a period of licence disqualification, demerit points or even imprisonment in some cases.
Publications
Links
Motor Accident Commission
The Law Handbook
Road Traffic Act 1961
Drug and Alcohol Services South Australia
Note - This information is a guide only and should not be relied on for legal purposes. Full details of the offences and penalties relative to drug driving are contained in the Road Traffic Act 1961. For further information visit: www.legislation.sa.gov.au
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Drug Driving FAQs