Published 2026-01-20 · Updated 2026-01-20 · 5 min read
Mobile drug testing units are now a regular feature on NSW roads, and many drivers are surprised to learn how these offences are detected and treated differently from drink driving. This article provides a general overview.
How testing works
Roadside oral fluid testing is generally used to detect the presence of certain illicit drugs, rather than measuring impairment in the way that breath testing measures blood alcohol concentration. This means that even a low level of a detected substance, present from earlier use, can potentially lead to a charge, regardless of whether a driver was actually affected at the time.
What happens if you return a positive result
A positive roadside test is usually followed by a further laboratory test to confirm the result. If confirmed, this can generally lead to a court attendance notice and, separately, an immediate or interim licence suspension pending the outcome of the matter.
Consequences to be aware of
- Potential licence disqualification periods.
- Possible fines or other penalties as determined by the court.
- Criminal record implications, which can affect employment or travel in some cases.
- Different treatment for repeat detections compared to a first offence.
Steps to consider
If you are facing a drug driving charge, it is worth gathering any relevant information about the circumstances, including timing of any prior drug use, as this can be relevant to how the matter is approached. Because outcomes depend on individual circumstances and are ultimately determined by the court, general guidance cannot predict a result for any particular matter.
Speaking with a lawyer as early as possible after a drug driving charge allows more time to consider your options and prepare appropriately for court.