List no. 02 · Room 2 · Penalties
Each state and territory sets its own penalties, and they differ a great deal: a first offence of having a drug present means a fine and demerit points in Western Australia, but at least 6 months without a licence in Victoria. Every figure below was copied from the state’s own page as at October 2026. Fines are indexed and laws change, so check the linked page for the current figure before relying on one.
General information
This page explains the law in general terms. It is not legal advice, and it cannot tell you what to do in your own matter. The figures are maximums and minimums set by law; what a court actually orders depends on the facts and the person’s record. Legal Aid in your state can explain how they apply.
Most states have a presence offence, found by the roadside saliva test, and a more serious impairment or under the influence offence. Where a page gives a fine in penalty units, it is shown that way here: a penalty unit is a dollar amount fixed by each state’s law, and the ACT page, for one, sends readers to its Legislation Act 2001 for the current value.
“Disqualification” means you may not hold a licence for the period, and in several states the licence is cancelled outright, so you must apply for a new one afterwards.
New South Wales
Local Court
In New South Wales it is against the law to drive with the presence of any illegal drug in your system. A first offence may be dealt with by a penalty notice and an immediate licence suspension; in most cases a drink or drug driving charge goes to court.
A conviction stays on your criminal record. Police can also confiscate a vehicle or its plates from a driver with a drink or drug driving conviction in the last 5 years if the new offence is a mid or high range drink driving, combined drink and drug, or refusal offence.
Check the current figure: NSW Government: Drink and drug driving penalties
Victoria
Magistrates’ Court
Victoria Legal Aid sets out the penalties a magistrate can give, with fines expressed in penalty units.
Two exceptions to cancellation apply: a driver who receives an infringement notice has the licence suspended rather than cancelled, and where a driver tests positive for cannabis with a valid medicinal cannabis prescription, the magistrate can decide whether to suspend the licence. Everyone caught drug driving must complete a behaviour change program.
Check the current figure: Victoria Legal Aid: Drug driving (updated 19 February 2026)
Queensland
Magistrates Court
Queensland has zero tolerance for driving with a relevant drug present. A positive roadside test suspends your licence for 24 hours; after that, if you have no pending drug driving charges, the licence stays valid until the court deals with the charge. Queensland fines rose by 3.5% on 1 July 2026.
Western Australia
Magistrates Court
Western Australia separates driving with a prescribed illicit drug in oral fluid or blood from the more serious drug impaired driving. A positive roadside test, or a refusal, brings a 24-hour prohibition notice; breaching it can bring a $600 infringement.
South Australia
Magistrates Court
In South Australia police can issue an immediate loss of licence, and may also issue an expiation notice or a court summons. Paying the expiation or going to court, you incur 4 demerit points, and your licence is cancelled for the disqualification period.
If you held a full licence, you receive a probationary licence when you reapply, and you may need a drug dependency assessment first. The Legal Services Commission adds that the court has very limited power to go below the minimum, and that personal hardship or loss of work are not grounds to keep a licence.
Check the current figure: SA.GOV.AU: Drug driving disqualification (updated 26 May 2026)
Tasmania
Magistrates Court
Tasmania’s penalties are written into the Road Safety (Alcohol and Drugs) Act 1970 as a table of ranges, with fines in penalty units. A court that convicts must disqualify within the range, though it may go lower if satisfied there are special circumstances.
Australian Capital Territory
Magistrates Court
The ACT applies zero tolerance, and says penalties apply for both prescription and illicit drugs. Fines are in penalty units; the ACT page points to the Legislation Act 2001 for their current value. Anyone convicted or found guilty of drug driving in an ACT court must complete an approved alcohol and drug awareness course.
Northern Territory
Local Court
In the Northern Territory it is an offence to drive with a prohibited drug in your body. A previous finding of guilt for driving under the influence, or for failing to give a saliva, blood or breath sample, counts towards a second offence.
The figures above are limits, and courts work within them. In New South Wales the Local Court notes that it can impose a penalty without recording a conviction, even where a person pleads guilty, and that a court can impose a higher penalty than the one on an original fine notice. Tasmania’s Act lets a court go below a minimum fine or disqualification if there are special circumstances. South Australia’s minimums are much firmer: the Legal Services Commission says the court’s powers to reduce them are very limited.
Previous offences, and alcohol found alongside a drug, move a case into a higher band in several states’ tables. A lawyer, or Legal Aid, can tell you which band applies to a particular charge. The legal help sheet lists each state’s line.