New Drug Driving Penalties In Australia 2021-2022

For the first time, drivers in West Australia who are affected by drugs and alcohol will face heavy fines and punishments from 1 July 2021. The drivers caught with drugs and alcohol in their systems will be charged with a new driving offence of driving with alcohol content in their blood or having alcohol above a certain degree with a prescribed forbidden drug in the blood or oral fluid.

The western region of Australia is the third state that has introduced this policy for drivers drug driving lawyers with drugs and alcohol in their system. A driver who has a blood alcohol reading of more than 0.05 and tests positive for a drug will get their license disqualified for three months and will face a fine of $1900 for the first offence. Traffic offence solicitors are useful in making people understand laws regarding drug driving that could help prevent fines.

The ones who repeat this offence could face compulsory license disqualification for a lifetime and pay a fine of $11,250 for driving, partaking in drugs and alcohol. The penalties imposed for an existing stand-alone drink, drug driving offences will be enhanced by 1.5 times the current penalty.

What Is Described As A Poly-drug Offence?

Since 1 July 2021, the Australian State Government has created a new “polydrug” offence. In the current time, similar penalties are also applied for driving taking only alcohol, drugs or a combination of both. The new law differentiates between the offence of driving under the influence of alcohol or drugs from driving under the influence of both.

Under this new traffic violation lawyer “Polydrug” offence, a person perpetuates an offence if they drive or try to drive with a blood alcohol content above 0.05 and for taking drugs. The penalties for polydrug offences will be greater than simple drinking.

What Is Drug Driving?

The legislation separates drivers who have a particular banned drug found in their system and driving while affected by drugs. If a person is found to be driving with banned substances in their system, the prosecution does not need to demonstrate that they were not having proper control of the vehicle or something similar. It is enough that a banned drug or combination of drugs was detected.

• Presently, the list of banned drugs is methamphetamine, tetrahydrocannabinol and MDMA. It has not been decided if the state government will update the list when the new road traffic legislation is started by 1 July 2021.
• The offence of driving while being affected by drugs has a much wider definition of “drugs”, and it also includes lawfully prescribed medicines. Traffic law in Australia would catch any driver under the influence of banned drugs.
• To be convicted due to this offence, a person has to drive a vehicle with one or drugs in their system to the degree that they were not capable of controlling their vehicle or that a driver’s conduct was similar to the one who has taken drugs. The driver’s conduct could also be similar to one who cannot control a vehicle.
• It is considered a defence to the type of offence if the drug was given by a medical practitioner traffic violation lawyer or a nurse, and the charged person could not reasonably be expected to be aware of the changes made by the drug. In such circumstances, it might be better if the package did not include a label that advised that the drug would affect driving in any way.

Medical Cannabis

In Western Australia, it is offensive for a person to drive with THC in their system, disregarding whether the THC is from prescribed medical cannabis. A person with above 0.05 alcohol content in their blood and THC present will be captured under the polydrug offence with more fines.

Other Changes

There will be other law changes that come to effect by 1 July 2021; it includes allowing a police officer traffic lawyer in Perth to prevent a driver who tests positive for THC, MDMA and methamphetamine at the roadside from driving for an entire day.

New Drink Driving Penalties

The new legislation of Australia has increased the penalties for drink driving; some latest penalties are as follows-

• Driving with a blood alcohol content below 0.08 but above 0.05 has to pay $1250.
• Driving with a blood alcohol content below 0.07 but higher than 0.08 has to pay $1250.
• Driving with a blood alcohol content above 0.07 has to pay $1500.

For alcohol content above 0.08, the penalties will be-

• Above 0.08 but lower than 0.09 will amount to a maximum fine of $2250.
• Above 0.09 and lower than 0.11 will result in a maximum fine of $2250.

Hire A Drug Driving Lawyer

Since new laws are brought about in Western Australia regarding drug driving, one needs to not consume excessive amounts of drugs or alcohol while driving. One could look for drug driving lawyers in Perth to help a driver understand the laws and drive accordingly. One needs to understand the traffic rules of the area they live in or contact traffic lawyers to guide them in the process.

One could hire the best Traffic Lawyers Perth wide to gain information regarding the latest drunk driving laws.