What is a Section 47BA Drug Driving Offence?

A Section 47BA offence relates to driving with the presence of cannabis, MDMA or methamphetamine in your oral fluid—regardless of impairment. Penalties include automatic disqualification, fines, and licence conditions.

What are the penalties for a Section 47B Drug Driving Offence?

Section 47B offences involve driving under the influence of drugs to the point of impairment. This is a serious offence with penalties including 3-year disqualification and imprisonment for aggravated circumstances.

Can Talon Legal help reduce penalties for drug driving?

Yes. We challenge test procedure, timelines, reasonable grounds, and more to secure reductions in penalties or even withdrawal of charges where police have not complied with legislative safeguards.

Drug Driving Offences in South Australia

Being charged with a drug driving offence in South Australia can have serious consequences, including licence disqualification, fines, and even imprisonment. Talon Legal offers expert legal defence for all types of drug driving charges, including Section 47BA and 47B offences.

Charged with a Drug Driving Offence?

Our experienced Adelaide traffic lawyers provide strategic advice, negotiate with prosecutors, and represent clients to achieve the best possible outcomes for drug-related driving charges.

Book a free 30-minute consultation online right now to protect your rights and secure the best possible outcome.

Drug Driving Offences in Adelaide

South Australia imposes strict penalties for drug driving, from on-the-spot licence suspensions to long-term disqualifications, fines, and even imprisonment for repeat or serious cases.

Police also have the power to require roadside drug tests, and refusing these tests can lead to separate, equally serious charges. Below, we outline our core services in this area. Each section links to more detailed pages and resources:

Presence of Prescribed Drugs While Driving

Under section 47BA of the Road Traffic Act 1961 (SA), it is illegal to drive or attempt to drive a motor vehicle while a prescribed drug is present in your system. This includes:

THC (Tetrahydrocannabinol) – Cannabis;
Methylamphetamine – Ice or Speed;
MDMA – Ecstasy; or
As of 2025, Cocaine

The mere presence of drugs, legal or illegal, can lead to prosecution if found in your system.

Find out more about drug driving charges and protecting your South Australian drivers licence.

Drug Driving Conviction

Convictions can result in:

Fines and court-imposed disqualification (6 months minimum for a first offence).
Demerit points and possible vehicle impoundment.
Probationary licence conditions.
Mandatory alcohol interlock conditions.
More serious penalties (e.g., imprisonment) for repeat or aggravated offences.

Visit our Drug Driving page to find out:

Penalties for a first, second, and subsequent offence penalties;
Court processes, defences, and trifling applications; and
How an expiation notice for first-time offences works.

Refusing Roadside Drug Driving Test

If police suspect drug driving, they may direct you to provide a saliva sample or undergo a blood test.

Refusing or failing to comply leads to severe penalties, often mirroring high-range drink driving offences.

Refusing Roadside Drug Test Penalty in South Australia

Automatic 12-month disqualification for a first refusal;
Fines that can exceed $2,200 and 4 or more demerit points;
Longer disqualification periods for repeat refusals or aggravating circumstances.
Police may also issue an Immediate Loss of Licence (ILOL) at the roadside.

Get Drug Driving Charge Thrown Out

A “good cause” defence applies in limited circumstances:

The defendant must prove a reasonable belief justifying refusal (e.g., a legitimate medical issue).
Misunderstandings of police procedure or failing to understand your rights can result in a drug driving charges.

Read our article for case examples and detailed guidance on possible “good cause” defences and for refusing drug testing.

Refusing a Blood Test

Although refusing a saliva sample is more common, there are situations where police may require a blood test (e.g., if oral swab kits are not available, or if a medical condition prevents providing saliva, or if the driver in the hospital).

Refusing a blood test is similar to refusing a drug test under the Act.

Penalty for Refusing Drug Driving Blood Test

Minimum 12-month disqualification for a first offence, rising to 3 years for subsequent offences;
Demerit points and probationary licence conditions;
Heavy fines, and possible imprisonment for repeated or aggravated refusals; and
The Court may impose additional penalties if children or vulnerable passengers are in the vehicle.

Defences for Drug Driving

Unlawful Demand by police;
Medical Contraindications;
Duress or Necessity;
Honest and Reasonable Mistake; or
Faulty Drug Test Results.

Get A Better Result

Tailored Defence Strategies – We evaluate the details of each case—police procedure, timeline, test accuracy, and your personal circumstances—to craft a robust defence.
Challenging Prosecution Evidence – From improper sample collection to failure to provide prescribed warnings, we identify all possible grounds for dismissal or reduction of charges.
Reducing Disqualification & Penalties – Where appropriate, we seek trifling or other mitigating arguments to minimise licence disqualification periods—vital for keeping your livelihood intact.
Managing Complex Cases – We handle matters involving repeat offences, child passengers, multiple charges (e.g., drug driving plus disqualified driving or driving without a licence after drink driving or drug driving conviction) and insurance disputes.
Accessible & On-Demand – We are a responsive technology driven law firm that proactively anticipates our client’s needs and handle your case on a 1 to 1 basis.

Book Your Free 30-Minute Consultation

At Talon Legal, we act quickly to challenge police procedure, minimise disqualification periods, and fight for outcomes that preserve your licence, freedom, and future.

Schedule a free 30-minute consultation with our traffic lawyers in Adelaide to:

Review your charges and discuss the evidence with you;
Explore possible defences, such as “good cause” for refusal or trifling circumstances; and
Determine the best strategy for minimising disqualification, fines, and long-term impacts.

We are here to help.

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Drug Driving Offences in South Australia