Are drivers who test positive for a random roadside saliva test allowed to drive before the results of the laboratory analysis are known?
A driver who tests positive for THC (cannabis), Methylamphetamine (speed) or MDMA (ecstasy) will be advised by police not to drive until the drug is no longer detectable in their system (up to 4 hours for THC and up to 24 hours for Methylamphetamine or MDMA). If necessary, a police officer will assist in moving a driver’s vehicle to a place where the vehicle can be parked legally. If the driver has a passenger with them and wants the passenger to drive them home, a police officer may test the passenger before allowing them to drive away. If a person is alone, police will endeavor to assist in arranging alternative transport. Similar procedures already apply in relation to testing for alcohol. If they attempt to drive away they may be arrested on suspicion of attempting to drive with a prescribed drug in their oral fluid. Under the legislation, police officers are provided with the power to direct a driver to leave their vehicle and not to drive any vehicle until permitted to so do by a
Related Questions
- Are drivers who test positive for a random roadside saliva test allowed to drive before the results of the laboratory analysis are known?
- For drivers who return positive results to roadside drug test, when and how will they receive results from laboratory analyses?
- What offences can a driver who tests positive for a roadside saliva test be charged with?
