There is no element of impairment necessary for this offence. It is sufficient for the drug to be present in your system while you are driving a vehicle. Many people, particularly after smoking marijuana, can be caught days later with traces of the drug still in their system.
Police drug testing of drivers is normally via a simple “lick” test conducted at a roadside stop.
It is often the case that police do not abide by the strict rules and procedures governing these types of roadside tests and many cases are dropped as a result. There are also defences such as honest and reasonable mistake and whether you were forced to drive under duress or due to necessity.
For a first offence, the maximum penalty is a fine of $2,200 and a 6 month licence disqualification, which the court can reduce to a minimum of 3 months.
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