The Land Transport (Drug Driving) Amendment Act 2025 (LTDDAA) came into force on 15 December 2025. The LTDDAA 2025 amended the Land Transport Act 1998 to create an infringement regime for driving while a person’s blood or saliva contains quantities of one or more qualifying drugs above a “positive evidence threshold.”

Who can be tested?

Under section 71A of the Land Transport Act 1998 (as amended by the LTDDAA 2025), Police have the authority to administer random roadside oral fluid (saliva) screening tests to a wide range of people. You can be tested if you are driving, attempting to drive, suspected of a driving-related offence, or involved in an accident. Officers can require you to stay at the scene or accompany them to another location for the test. They are also legally required to warn you that refusing to take the test, or leaving before the results are ready, is an infringement offence.

The Roadside Test

The test itself is straightforward. An officer will wipe a testing pad down your tongue.

On the roadside, this device screens for four specific substances: THC (cannabis), methamphetamine, MDMA (ecstasy), and cocaine.

What happens if you test positive?

If the first oral fluid test is positive, police must immediately inform the driver and outline the next steps. Police must advise as follows per s 71A(8)(b):

(i) that an oral fluid sample from the person will be subject to analysis carried out by an approved analyst;
(ii) that, if the analysis establishes that the person’s oral fluid sample is positive for one or more listed qualifying drugs, the person may be issued with an infringement notice;
(iii) that, if the analysis establishes that the person’s oral fluid sample is positive for one or more listed qualifying drugs, the person may, if they have provided an oral fluid sample that is sufficient for analysis, choose to have a private analyst analyse that sample at the person’s own expense;
(iv) the infringement fee payable for a breach of whatever infringement offence is made out upon testing.

Different procedures apply, however, if the Police require either a CIT (s 71F) or a blood test (s 71E) after a positive first oral screening test. The oral testing procedure intersects with physical Compulsory Impairment Tests (CITs), which can be administered if police have good cause to suspect drug consumption. If a CIT is done first, an oral test cannot follow, though a CIT can be requested after an initial oral test. Ultimately, a driver will be required to undergo a blood test if they fail a CIT, are unable to provide a sufficient oral fluid sample, or fail oral testing after being involved in an accident causing injury or death.

The Second Test

A positive first test immediately triggers a second roadside screening test. Failing this second test results in an immediate, mandatory 12-hour driving stand-down.

Meanwhile, your saliva sample is categorised for lab testing based on its volume:

  • Process A (s 71DA): The sample is large enough for both the Police laboratory analysis and an optional, independent private test if the driver requests it.
  • Process B (s 71DB): The sample is only large enough for the Police analysis. The driver is given 10 minutes to decide if they want to provide an extra “elective” sample so they have the option of private testing later.
  • Process C (s 71DD): The sample is too small for any lab testing. The driver is required to provide additional samples until there is enough fluid to meet the criteria for Process A or B.

The Infringement

If the laboratory confirms your sample exceeds the legal threshold, you will receive an infringement notice in the mail. This carries a fine between $200 and $400, alongside a massive hit of 50 to 75 demerit points.

Compulsory Impairment Tests (CITs) and Blood Tests

If police have “good cause to suspect” that you have consumed a drug or drugs, they can bypass the random saliva swab entirely and demand a Compulsory Impairment Test (CIT). They can also request a CIT after an initial oral test, as long as it is before a second oral test is administered.

A CIT is a physical test for impairment administered by a specifically trained officer. The materials note that these physical tests are considered “highly subjective and unscientific”. Because of this, you are more likely to face a CIT following an accident or if you are observed driving poorly, rather than at a random checkpoint.

The most critical thing to understand about a CIT is that it shifts you out of the new infringement (ticket) regime and into the criminal drug driving process. Police protocol dictates that if a CIT is requested at any time, the infringement process is scrapped. This means you are much more likely to end up going through the court process and potentially receiving a criminal conviction.

What happens if you fail a CIT?

Failing a CIT is a serious escalation with immediate consequences. If you do not satisfactorily complete the physical test, you will face:

  • A Mandatory Blood Test: You will be legally required to provide a blood sample.
  • A Driving Stand-Down: You will receive an immediate 12-hour stand-down from driving.
  • Potential Suspension and Impoundment: Depending on your prior driving history (such as previous drink or drug driving offences within the last four years) and what the subsequent blood test reveals, you could face a 28-day license suspension and have your vehicle impounded for 28 days.

(Note: You will also be required to undergo a blood test if you are physically unable to provide enough saliva for the roadside swabs, or if you fail oral testing after being involved in an accident that causes injury or death.)

Can you refuse the test?

You can refuse, but doing so comes with immediate and severe consequences.

  • Refusing the Saliva Swab: If you refuse the oral fluid test or refuse to remain with the officer, you commit an infringement offence. You will be fined $400, hit with 75 demerit points, and handed an immediate 12-hour driving stand-down. You cannot, however, be arrested solely for refusing this roadside swab.
  • Refusing a CIT or Blood Test: This is where things escalate dramatically. Refusing to undergo a physical CIT or a blood test is a substantive criminal offence. You can be arrested on the spot, formally charged, and face heavy court penalties and disqualification.

What Defences Are Available?

Section 64 of the Act outlines statutory defences for drink driving and drug driving offences.

Medical Defences

You have a valid defence if you were strictly following a current prescription and adhering to all instructions from your doctor or the drug’s manufacturer.

  • The Catch: This is not a roadside defence. You cannot wave your prescription at the officer to avoid the immediate 12-hour driving stand-down
  • The Process: This defence can only be used after you receive an infringement notice. You must raise it with the Police Infringement Bureau before paying the fine. You will need to provide a copy of your prescription, the medication label, and ideally a statutory declaration confirming you took the medication exactly as directed.
Other Valid Defences

You may also have a defence if drawing blood would be genuinely harmful to your health, or if a pre-existing medical condition, disability, or recent crash injury prevents you from completing a physical Compulsory Impairment Test (CIT).

The Implications of the New Law

This new process introduces a few legal gray areas and potential pitfalls that drivers need to be aware of:

  • Demerit Points: A single $400 infringement carries 75 demerit points. Because a driver’s license is suspended at 100 points, getting caught with drugs in your system while doing something minor—like using a phone or driving an unregistered car—could easily result in the immediate loss of your license from a single traffic stop.
  • Vehicle Searches: There is a real risk that Police may use a positive roadside saliva test as justification to conduct a warrantless search of your car, operating under the assumption that if you have drugs in your system, you might have more in the vehicle.
  • Permanent Records: Unlike minor criminal convictions where a judge might grant a “discharge without conviction” to protect your career, infringement records cannot currently be expunged. The Clean Slate regime does not apply to infringements, meaning a drug driving ticket could be permanently visible to employers or agencies requesting your record.

 

The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.

*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.