Road Safety: Drug driving

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 2004 and 2008, 25% 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

Designate a non-drinking driver, if you are with others

Catch a taxi home

Use public transport

Stay the night

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 13 40 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.

The National Cannabis Prevention and Information Centre (NCPIC) is a community focussed organisation to help reduce the use of cannabis in Australia.
NCPIC Helpline 1800 30 40 50.

Frequently asked questions

What the Law says

From 1 February 2010, any person who commits a drink or drug driving offence will face tougher penalties, including:

  • A three month licence disqualification for a first court conviction when:
    • driving with a prescribed drug (including cannabis, speed or ecstasy) present in saliva or blood, or
    • driving with a blood alcohol concentration of 0.05 to 0.079.
  • Heavier penalties for repeat offenders, with courts considering previous drink and drug driving offences during sentencing.
  • An alcohol or drug dependency assessment may be required (depending on the number of previous drink or drug driving offences committed).

For example, if a person has, within the previous five years, expiated or been convicted of one of the following offences they will require an alcohol or drug dependency assessment.

    • Three or more Category 1 offences.
    • Two Category 1 offences and one Category 2 offence.
    • Two or more serious drink driving offences.
    • Two or more drug driving offences.

A blood sample must be taken from any person 10 years or older, who attends or is admitted to hospital for treatment as a result of a boat or motor vehicle accident (previously the minimum age was 14 years). In addition, South Australia Police will now be able to test boat operators for prescribed drugs (including cannabis, speed and ecstasy) under the same conditions as drug testing for vehicle drivers. 

Definitions
Category 1 drink driving offence - an offence between 0.05 and less than 0.08 BAC
Category 2 drink driving offence - an offence between 0.08 and less than 0.15 BAC 
A serious drink driving offence includes:
Driving under the influence of an intoxicating liquor
Refusing to provide a sample of breath or blood for alcohol testing
Driving with a BAC at or above 0.15
Driving with a BAC at or above 0.08 where a previous alcohol offence exists within the last 5 years.  

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.

Publications

Drug Driving brochure

Links

Motor Accident Commission
The Law Handbook
Road Traffic Act 1961
Drug and Alcohol Services South Australia
National Cannabis Prevention and Information Centre


 

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

SA Government logo. Ministers’ website Department for Transport, Energy & Infrastructure SA Government logo. Ministers’ website