Tested Positive at a Roadside Drug Test in Western Australia? What Happens Next
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First: breathe. Here's the WA sequence.
WA has run random roadside drug testing since 2007 and remains a strict state: under section 64AC of the Road Traffic Act 1974, driving with THC in blood or oral fluid is an offence regardless of a valid prescription. A working group has been considering reform — considering is not law.
1. The roadside process. Positive screen, secondary test, and a driving ban while the sample goes to the lab. Refusing testing is its own offence — typically treated as seriously as failing.
2. Laboratory confirmation. Roadside results are indicative; the lab result is the evidence. Expect a wait.
3. Which offence. The presence offence (s64AC) requires no impairment — first offences are reported to attract fines up to 25 penalty units, with second and subsequent offences adding disqualification of at least six months. The impaired-driving offence (s64AB) is much heavier: reported ranges include 34–75 penalty units plus at least 10 months' disqualification for a first offence. Which one is alleged shapes everything about your response.
4. Infringement or court. A first presence offence may be dealt with by infringement in some circumstances; electing court has risks and opportunities in both directions. This is the decision to make with a lawyer, not a forum.
What to do this week
- Write down everything now: stop time, what was said, last dose, product name and prescription details.
- Gather documents: prescription, dispensing records, prescriber guidance. WA law doesn't currently give them roadside effect, but they matter for sentencing submissions and any future scheme.
- Get legal advice before responding to any notice. Penalty ranges in WA escalate sharply between first and subsequent offences, so how this matter resolves affects your exposure for years.
- Tell your prescriber and discuss product and timing options going forward.
What NOT to do
- Don't ignore the paperwork or deadlines on any infringement notice.
- Don't assume the working group means the law has softened. Enforcement continues unchanged.
- Don't drive during any ban period, and check your licence status before driving again.
- Don't post details publicly while the matter is live.
The reform picture
WA's medicinal cannabis and safe driving working group has been examining the evidence, and Legalise Cannabis WA MPs keep the issue in Parliament. No change had passed as of our research date. When anything moves, the Reform Tracker and our fortnightly email will carry it.