What happens after a positive roadside drug test in NSW?

Have I lost my licence? Will I have to go to court? What happens to my job if I cannot drive? Does a positive test mean I have already been charged?

The first thing to understand is that a positive roadside drug test result does not necessarily mean the matter is finalised.

Further testing and laboratory analysis may still need to occur before the matter progresses.

After more than 30 years in criminal and traffic law, Michelle Duncan understands how stressful this period can be. For many people, the real concern is not simply the fine. It is their licence, their employment, their family responsibilities and the uncertainty about what comes next.

Getting clear advice early can help you understand where you actually stand.

What Happens After a Positive Roadside Drug Test?

Roadside drug testing in NSW usually begins with an oral fluid test.

Current roadside testing can detect prescribed illicit drugs including cannabis, methylamphetamine, MDMA and cocaine.

If the first test indicates that a drug may be present, police can carry out further testing. A second sample may then be taken and sent for laboratory analysis.

This distinction matters.

A positive roadside drug test is not the same as a confirmed laboratory result.

For someone who has just been stopped, however, that can easily get lost in the stress of the situation.

Michelle regularly speaks with people who are unsure what police told them, whether they have already lost their licence or what documents they have been given.

Her first step is often simply to work out exactly what has happened and what stage the matter has reached.

If you are facing a Positive Roadside Drug Test and a drug driving allegation, you can also read more about how Duncan Criminal Law assists with traffic law matters in NSW.

Can Police Stop You From Driving After a Positive Roadside Drug Test?

Yes.

Police can prohibit you from driving for 24 hours after a positive oral fluid test.

This is different from a later licence suspension or court-ordered disqualification.

That distinction is important because people can leave a roadside testing site believing they have already lost their licence for several months.

Further licence consequences depend on what happens with the laboratory result and how the matter is dealt with.

If a drug presence offence is confirmed, a first offence dealt with by penalty notice can result in a three-month licence suspension.

If the matter proceeds to court, different disqualification provisions may apply.

Michelle can explain which situation applies to you and what it may mean for your ability to drive.

What Happens When the Laboratory Result Comes Back?

If laboratory testing confirms the presence of a prescribed illicit drug, further action may follow.

What happens next can depend on:

• Whether this is your first relevant offence
• Your previous traffic history
• The offence police allege
• Whether alcohol was also detected
• Whether the allegation involves drug presence or driving under the influence
• Whether the matter is dealt with by penalty notice or through the Local Court

This is where individual circumstances start to matter.

Two people with what appears to be the same offence may face very different practical consequences.

Michelle has spent more than 30 years appearing in criminal and traffic matters throughout NSW. Her approach is to look beyond the offence name and understand how the matter affects the individual client.

Michelle doesn’t just jump straight to a plea of guilty, her first question is can this charge be proven, is there a defence available. It is important to forensically examine the allegation and the evidence supporting it before a plea of guilty is even considered. Michelle knows where to look and what to look for to best defend you.

For one person, the major concern may be employment. For another, it may be avoiding a lengthy period off the road. For someone appearing in court for the first time, the priority may simply be understanding what is going to happen.

Does a Positive Roadside Drug Test Mean You Were Driving Under the Influence?

No.

Driving with a prescribed illicit drug present and driving under the influence are different offences.

A drug presence offence focuses on whether the relevant drug was present in your oral fluid, blood or urine.

It does not necessarily require police to prove that you looked affected or that your driving was impaired.

Michelle often speaks with people who say they felt completely normal when they were driving.

That may be true, but for a drug presence offence the legal issue is not simply whether the driver felt affected.

The precise offence alleged matters, which is why it is important to look carefully at the police paperwork.

What If This Is Your First Positive Roadside Drug Test & Driving Offence?

A first drug presence offence does not automatically mean you will have to appear in court.
Some first offences may be dealt with by penalty notice.
A licence suspension can also follow.
Other matters proceed to the Local Court.

A common mistake is assuming that because a friend or someone online received a particular result, the same thing will happen in your case.

Michelle has appeared in NSW courts for decades and knows that traffic matters are assessed on their individual circumstances.

If you have received a penalty notice, suspension notice or Court Attendance Notice, she can explain what it means before you make your next decision.

What If You Need Your Licence for Work and You Get a Positive Roadside Drug Test?

• Truck drivers
• Tradespeople
• Couriers
• Sales representatives
• Delivery drivers
• Community workers
• People who travel between worksites
• Professional drivers

Michelle understands that a licence can be directly connected to someone’s income and ability to support their family.

Needing your licence for work does not guarantee a particular outcome.

However, your employment circumstances may be relevant to how your matter is prepared and presented.

If your livelihood depends on driving, it is worth raising that early rather than waiting until the day of court.

What Happens If Your Matter Goes to Court?

If your drug driving matter proceeds to the Local Court, preparation becomes important.

Depending on the circumstances, Michelle may consider material relating to:

• Your driving history
• Previous offences
• Employment
• Your need for a licence
• Personal circumstances
• Character
• Rehabilitation
• Other material relevant to sentencing

For many clients, it is their first experience appearing before a magistrate.

Michelle’s role is not simply to stand beside you in court. She explains what to expect, what information may help and how the matter can be prepared properly.

If you have never been to court before, our guide to your first court appearance in NSW explains what generally happens and what you can expect on the day.

That practical guidance can make the process much less intimidating.

Can a Drug Driving Offence Leave You With a Criminal Record?

Potentially.

If a matter proceeds to court and a conviction is recorded, that conviction may form part of your criminal record.

However, NSW courts have different sentencing options available depending on the circumstances.

No particular outcome can be promised.

Michelle is careful to give clients realistic advice rather than telling them what they want to hear.

Experienced representation is about understanding the options, preparing carefully and presenting the relevant circumstances clearly to the court.

What If You Use Medicinal Cannabis – and You get a Positive Roadside Drug Test?

This area of NSW traffic law is changing.

Recent reforms have been passed concerning medicinal cannabis and driving, but the law applying to your case can depend on the date of the alleged offence and whether the relevant provisions have commenced.

A medicinal cannabis prescription should not simply be assumed to automatically resolve a drug driving allegation.

If medicinal cannabis is relevant to your matter, Michelle can consider the law that applies and explain how it may affect your position.

Why Early Advice Can Help

Many people wait because they think nothing can be done for a positive roadside drug test until the laboratory result arrives or their court date gets closer.

That is not always the case.

Speaking with Michelle early can help clarify:

• What stage your matter has reached
• Whether your licence is currently affected
• What offence is actually being alleged
• Whether court is likely
• What information should be gathered
• What risks may come with electing to go to court
• How your work or driving history may affect the matter

It also gives you time to prepare rather than making important decisions at the last minute.

Why Experience Matters

Traffic law can look simple from the outside.

A test is positive. A penalty follows. The matter is over.

In practice, it is often more complicated than that.

Michelle Duncan has more than 30 years of experience in criminal and traffic law and has represented clients across NSW in matters involving drink driving, drug driving, licence suspensions, licence appeals, dangerous driving and other traffic offences.

Her approach is straightforward.

She explains the position clearly, tells clients what is realistic and prepares the matter carefully.

There are no guarantees or unrealistic promises.

There is experienced, practical advice based on the facts of your case.

Speak With Michelle Duncan

If you have returned a positive roadside drug test, received a laboratory result, licence suspension, penalty notice or Court Attendance Notice, you do not have to work out what happens next on your own.

Michelle Duncan represents clients throughout New South Wales. She can review what has happened, explain your position in plain language and help you understand the options available.

Call Duncan Criminal Law on 0448 946 529 or contact Duncan Criminal Law to discuss your matter confidentially.

You can also email info@duncancriminallaw.au.

Prefer to visit the Sydney office? Duncan Criminal Law is located at 1/299 Elizabeth Street, Sydney NSW 2000. Find Duncan Criminal Law on Google Maps.

This article provides general information only and is not legal advice. NSW traffic laws and penalties can change. Advice should be obtained about your individual circumstances.