Detection of drugs and alcohol

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All Australian States and Territories have laws that prohibit driving while under the influence of drugs but the ways these laws are enforced varies.

Generally, these laws require evidence of observable driver impairment (reduced driving ability) as well as evidence of the presence of a drug, before a driver can be penalized.

Detection of alcohol use

Testing for alcohol is based on a quick, unobtrusive roadside test called Random Breath Testing. This test can reliably demonstrate the difference between drivers who have no alcohol in their system, drivers with a level of alcohol under the legal limit and drivers who exceed the legal limit.

Unrestricted Random Mobile Breath Testing commenced in South Australia in June 2005 and allows Police to require a driver to submit to a random breath test at anytime. Police also operate static random breath testing stations.

Detection of other drug use

Drug driving is one of a number of contributors to road deaths in South Australia. Many drugs can affect driving performance.

In 2004, 28% of driver and motorcycle rider fatalities tested post-mortem had either THC (the active ingredient in cannabis) and/or methamphetamines in their blood at the time of the crash.

These types of drugs have the potential to increase the risk of road crashes. Laboratory testing, driving simulators and “on road” testing has shown that these drugs can impair performance of driving related tasks.

In December 2005 the South Australian Parliament passed legislation to enable Police to undertake random roadside drug testing in South Australia for two drugs –THC (the active ingredient in cannabis and methamphetamines.

This legislation will come into effect in mid 2006.

Click here to access Frequently asked Questions about the new legislation.

Impairment based approach

Drivers impaired by drugs are currently able to be prosecuted for the existing offence of driving under the influence of an intoxicating liquor or drug. However, from mid 2006 Police will be able to require a blood or saliva sample to test for the presence of drugs.

This will apply where a driver has committed a specified road traffic offence, behaved in a manner that indicated their ability to drive is impaired, or has been involved in an accident.