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This can occur in 2 broad ways, namely:

  1. When someone is caught driving with an illicit drug in their system, such as methamphetamine, heroin, cocaine etc; or
  2. When someone is caught driving with a prescription drug in their system, such as Xanax, but who has not been prescribed that drug.

Police can detect drugs in one’s system in a variety of ways, but the main way in which they do so is by random saliva testing.

Drug driving1
Drug driving2

Penalties for drug driving

One of the harshest aspects of drug driving penalties is that they involve mandatory driver’s license disqualification.

In the case of a first-time offender, the minimum driver’s license disqualification period is 6 months; and in the case of a second or subsequent offence, the minimum disqualification period is 12 months.

These disqualification periods are mandatory, meaning that as soon as a court finds you guilty of drug driving, your driver’s license has to be automatically disqualified for at least the minimum period.

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