Tested Positive at a Roadside Drug Test in NSW? What Happens Next
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First: breathe. Here's the sequence of events.
Testing positive at the roadside — especially when you've done nothing but take medication your doctor prescribed — is frightening. Here is what happens next under the current NSW process, step by step.
1. The immediate 24-hour driving ban. After a positive roadside saliva result you cannot drive for 24 hours. Arrange alternative transport — driving during the ban is a separate offence.
2. Laboratory confirmation. Your sample goes to a laboratory. Roadside results are indicative; the lab result is what matters. This takes time — you will not know the outcome that day.
3. If the lab confirms THC. You may be charged under section 111 of the Road Transport Act 2013 with driving with a prescribed illicit drug present. You will receive paperwork — usually a Court Attendance Notice — with a court date.
4. Court. Penalties on conviction can include licence disqualification, a fine, and a criminal traffic record. Outcomes vary significantly with circumstances and representation — this is the point where a lawyer earns their fee many times over. Options a lawyer may explore include challenging the testing chain of evidence and seeking non-conviction outcomes.
What to do this week
- Write down everything now: time of the stop, what was said, when you last took your medication and the dose, the product name and prescription details. Detail fades fast and helps your lawyer.
- Gather documents: your prescription, dispensing records, and anything from your prescriber about dosing guidance.
- Do not drive during the 24-hour ban — and think carefully about driving at all until you understand your THC presence status.
- Get legal advice early. Court timelines are short, and early advice widens your options. See our NSW drug-driving lawyer listings below.
- Tell your prescriber. They may adjust your treatment plan or timing guidance, and their records can matter later.
What NOT to do
- Don't ignore the paperwork — missing a court date makes everything worse.
- Don't rely on the proposed NSW registration scheme — if it hasn't commenced, it cannot help a current charge.
- Don't assume "I wasn't high" is a defence. Under current law, presence is the offence.
- Don't post details publicly online while the matter is live.
Will this affect my job, insurance, or licence long-term?
It can — consequences range from work-licence complications to disclosure obligations, and they're highly individual. This is precisely the territory where personalised legal advice matters and general guides don't. Ask a lawyer about non-conviction pathways and work-licence options in your circumstances.