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Tested Positive at a Roadside Drug Test in South Australia? What Happens Next

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First: breathe. Here's the South Australian sequence.

SA tests for THC, methylamphetamine, cocaine and MDMA at the roadside, and — unlike drink driving's concentration thresholds — the presence of any amount is an offence, prescription or not. A parliamentary committee has recommended change; nothing has passed. Here's what happens now, step by step.

1. The roadside process. A positive screening test leads to confirmation testing, and you'll be unable to drive for a period while the process runs. Refusing or failing to comply with testing is its own offence — official SA guidance flags possible immediate loss of licence at the roadside and disqualification of at least 12 months on conviction for refusal.

2. Laboratory confirmation. The sample goes to a lab; the roadside result is indicative only. The formal outcome follows the lab result, which takes time.

3. Expiation notice or prosecution. For a first presence offence you may receive an expiation notice (SA's version of an on-the-spot fine) rather than a summons. Paying an expiation is not automatically the cheap way out — licence consequences still attach, and electing to be prosecuted instead puts the matter before a court, which cuts both ways.

4. Court, if it goes there. Conviction can mean disqualification, a fine and a record. Non-conviction outcomes and hardship arguments are precisely where representation earns its cost.

What to do this week

What NOT to do

The reform picture

The SA parliamentary committee recommended that lawfully prescribed, unimpaired patients should not commit an offence — squarely the Tasmanian model. The government's response is the thing to watch, and our Reform Tracker and fortnightly email will carry it the moment it lands.

Not legal advice. This page explains the law in general terms as at the “last verified” date shown. If you have been charged, or need to make a decision that depends on the law, speak to a lawyer — small differences in circumstances change outcomes. Driving while impaired by any substance, including prescribed medication, is illegal in every Australian state and territory.

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