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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

What NOT to do

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.

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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