Pulled over and returned a positive roadside drug test? A drug-driving charge puts your licence at risk even if you felt completely fine to drive. We give you clear, confidential advice and work to keep the impact on your life as small as possible.
Drug driving is different from drink driving in one crucial way: it's usually about presence, not impairment. Police don't have to prove the drug affected your driving — for the most common charge, simply having an illicit drug in your system is enough. That's why so many people are charged when they genuinely felt fine to drive.
The charge almost always starts with a roadside oral fluid (saliva) test, which screens for cannabis (THC), methamphetamine and MDMA. We explain exactly what you're facing, check whether the charge and the testing were done properly, and put your strongest case to the Court.
A "presence" offence — an illicit drug is detected in your oral fluid or blood. No proof of impairment is needed, and it carries mandatory licence loss even for a first offence.
The more serious charge — where police allege a drug (which can include prescription medication) actually affected your ability to drive. Penalties are higher, so how it's handled matters.
We explain the likely outcome and your options — defend, or plead with mitigation.
We review how the sample was taken and whether the charge and procedure are sound.
We gather references and material that genuinely influence penalty and licence outcomes.
We represent you at the Magistrates' Court and put your strongest case forward.
Even a first "presence" offence carries a mandatory licence disqualification and a fine, and repeat or impaired-driving offences carry longer disqualifications and heavier penalties. Because the offence doesn't depend on impairment, the defences are often technical — about how and when the sample was taken — which is exactly why getting advice early makes a difference.
Drug-driving matters are heard in the Magistrates' Court, so someone needs to appear — and that's us. Your advice and preparation can be handled by online consultation by phone or video, so you can get moving quickly without an office visit while we take care of the court date for you.
Police take an oral fluid (saliva) swab at the roadside. If it's positive, a second sample is sent to a laboratory to confirm the result. The tests screen for the common illicit drugs — THC (cannabis), methamphetamine (ice/speed) and MDMA (ecstasy).
Yes. The main charge is a "presence" offence — simply having an illicit drug in your system is enough, regardless of whether you were impaired or drove badly. You do not have to be affected to be charged.
THC can be detected for hours and sometimes longer after use, so it's possible to test positive well after any effect has worn off. This catches a lot of people out, and it's one of the first things we look at in your case.
Drug-driving offences generally carry mandatory licence loss, even for a first offence. The length depends on the offence and your history. We advise on what applies to you and work to keep the impact as small as possible.
A first "presence" offence is often dealt with without a conviction being recorded, but driving while impaired by a drug is more serious and treated differently. We advise on the likely outcome and work to protect your record.
Sometimes — depending on how the sample was taken, the reliability of the testing procedure, or the circumstances. We'll review the evidence and tell you honestly whether there's a defence or whether a well-prepared plea is the better path.
Prescription medicines are treated differently from illicit drugs, but medicinal cannabis containing THC can still lead to a charge — the law in this area is complex and changing. If you drive on prescribed medication, get advice before you're tested.
Drug-driving matters are heard in the Magistrates' Court. We can appear for you, guide you through the process and put your strongest case forward — whether you're defending the charge or pleading with mitigation.
Waters & Co gives confidential drug-driving advice in Epping — before you go to court.
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