How will it work?
1. Drivers will undertake an oral fluid screening test (drug screening test) using saliva at the roadside. This will usually be done with the driver in their car.
- No drugs(s) detected: Testing complete
- If drugs(s) detected: Continue process
2. Using a different device, the driver will provide a saliva sample which is sent for laboratory analysis.
3. The driver will undertake a second drug screening test at the roadside, and if positive, they will be prohibited from driving for 12 hours.
4. Saliva sample is analysed in the laboratory to detect presence of listed qualifying drugs. If positive, an infringement will be issued to the driver by mail
What you need to know about drug driving testing
Roadside drug testing will test for the presence of drugs
Roadside drug testing devices can only test for the presence of drugs. This means that the testing device can give a positive or negative result that a specified qualifying drug (or drugs) is detected in the driver’s saliva.
A positive roadside test must have a confirmatory lab test
If a driver tests positive for drugs at the roadside, a sample of their saliva will be collected and sent for laboratory analysis. An infringement notice will only be issued if the laboratory test is positive at or above a threshold that indicates recent use of drugs.
Note: A driver can decide to have an elective saliva sample collected for independent laboratory analysis in addition to the Police-required saliva sample. The driver will be told about this process by the officer at the roadside.
Unable to produce saliva
If a driver is unable to provide sufficient saliva, they may be required to provide a blood sample for testing. A positive drug-blood test could result in an infringement or criminal charge depending on the drug concentration found in the blood by laboratory analysis.
Medical defence is not available roadside
A medical defence is available to a person prescribed prescription medicines who wants to dispute the infringement. A driver can only apply for a medical defence once an infringement has been issued. It cannot be done at the time of testing at the roadside.
Cannot drive for 12 hours after two positive roadside test results
After a first positive drug screening test and collection of a saliva sample, a second drug screening test will be undertaken at the roadside which will determine whether a driver can drive away. If the second screening test is also positive, the driver cannot drive for 12 hours to address any immediate road safety risk.
Other roadside infringements
Drivers can receive an infringement and be prohibited from driving for 12 hours if the driver:
• fails or refuses to undergo a test without delay,
• fails or refuses to accompany an officer (e.g., to a place to undertake the test),
• fails or refuses to remain in place (e.g., until the result of the test).
Infringements and outcomes
Testing positive for drug driving from saliva will primarily result in an infringement which consists of a fine and licence demerit points. Notice of the infringement is posted to the driver by mail. The fines, number of licence demerit points, and other outcomes in the drug driving testing process are outlined below:
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