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DRUG TESTING OF DRIVERS

Under the Road Safety (Drugs & Alcohol) Act 1970 it is a chargeable offense to drive a motor vehicle on Tasmanian roads with a 'prescribed illicit drug' in the blood

Police have the same powers for drug testing as they do for alcohol testing. They have the power to stop any vehicle and direct the driver to undergo an oral fluid (saliva) test. They also have the power to take the driver into custody and direct them to provide a blood sample.

You can be charged if any of the following drugs are found in your blood while driving: THC (Cannabis), Amphetamine (Speed & Ice), Ecstasy, Cocaine, Heroin, GHB, LSD, Ketamine, PCP, Methaqualone, Tryptamine and Psilocybin.

The maximum penalty for driving with a prescribed illicit drug in your blood is a $200 fine and three months disqualification of your license. However, the maximum penalty for refusing an oral fluid test or blood test is a $1000 fine, three years disqualification and six months imprisonment. Therefore, it is highly recommended that you cooperate and do not refuse to be tested.

You can not be charged with driving with a 'prescribed illicit drug' found in your blood if you obtained that drug with a valid prescription. However, you may be charged with 'driving under the influence'(DUI) regardless of whether you obtained this drug with a valid prescription. The police have the right to charge you with DUI based upon their assessment of your condition at the time of driving.

Therefore, it is advised that you carry a copy of your prescription with you when driving after taking your medication and do not drive if you can feel any effects of you medication.