Updated 1 Jan 2021
Section 112 of the Road Transport Act 2013, which creates the offence of DUI of alcohol also creates the offence of DUI of a drug.
There are provisions in place for police to carry out random tests of drivers for the detection of the presence of drugs (see the section on DUI – Random Drug Testing).
If police pull over a person because of the way the vehicle is being driven and they carry out a random breath test but the driver does not indicate a positive breath test for Alcohol, then the officer may suspect that the driver is DUI – driving under the influence of a drug. He is then entitled under Clause 13 of Schedule 3 of the Act to carry out what is called a “sobriety test”. If the driver refuses or fails the sobriety test, then he is arrested and police are empowered to have taken a sample of the driver’s blood or urine which is submitted for analysis.
Driving Under the Influence of Drugs Defence
Clause 13(2) of Schedule 3, of the Road Transport Act 2013 sets out the circumstances when police are permitted to carry out a sobriety assessment.
Further, following a sobriety assessment if the person is arrested, then there is a 4 hour time limit for the taking of blood or urine from the person for analysis. (cf. Clause 2 (2) (e) )
A person might also be under the influence of prescribed medication and guilty of the offence of DUI. It matters little, in reality, what it is that is affecting the driver, if such person is a danger on the road owing to him/her Driving Under the Influence (DUI) of anything that affects his/her driving.
If you are charged with DUI, contact us at Proctor & Associates on 9687 3777 and we will be glad to assist you