Enquire Today
(08) 9489 4898 0412 927 704

Caught with a Drug DUI?

We can assist you with a wide range of DUI charges.


Like drink driving charges, drug driving charges impact individuals significantly. The consequences can extend to hefty fines, licence suspensions, and even imprisonment, making it crucial to address them effectively with an experienced drug driving lawyer.

If you’re facing a drug driving charge and its potential repercussions are looming over you, reach out to Stevenson Legal today by calling 08 9489 4898 to book a consultation.



Offence Penalty Demerit Points or Licence Disqualification
First Offence $1,250 3 Demerit points
Second OR Subsequent Offence $1,250-$2,000 6 months licence disqualification (minimum)


Offence Penalty Licence Disqualification
First Offence $1,700 – $3,750 10 months (minimum)
Second Offence $3,150 – $5,250 or 9 months imprisonment 30 months (minimum)
Subsequent Offence $3,150 – $7,500 or 18 months imprisonment Life disqualification


If you’re facing a drug driving charge and need legal advice, don’t hesitate to contact Stevenson Legal today. Give our friendly team a call on (08) 9489 4898 to book a consultation.


Is a DUI a drug related offence or a traffic offence?

Driving under the influence of alcohol (section 63 of the Road Traffic Act 1974), and offences relating to the presence of drugs in the system while driving, are traffic offences and not drug offences. It is important to note that all convictions for all offences (whether criminal, drug, or traffic or otherwise) will typically be shown on a National Police Clearance unless a spent conviction is granted. A spent conviction is a special order that the court can make that renders a conviction for an offence a “nondisclosable” outcome which means, with some exceptions, that it will not appear on a National Police Clearance. As a spent conviction can only be sought at the time of conviction, or 10 years afterwards, it is critical to obtain legal advice in relation to any spent conviction application prior to, and not after, court proceedings.

Can you get a DUI for prescription drugs?

Yes, you can. If the prosecution can prove that you drove a motor vehicle and did so while impaired by drugs, (whether prescribed or otherwise) to such an extent as to be incapable of proper control you may be convicted of the serious offence of driving while impaired by drugs. Broadly speaking the penalties involved are similar to that of high range drink-driving. However, some defences can exist for prescribed drugs. If a person can demonstrate that the drug taken was taken pursuant to a prescription, and that when the drug was obtained in packaged form the packaging did not include any advice that the drug is likely to result in a condition inconsistent with the proper control of a motor vehicle, and that the accused person was not aware, and could not reasonably have been expected to be aware, but the drug was likely to result in a condition inconsistent with proper control, a defence to the charge may arise.

Presently in Western Australia there is no defence for the driving of a vehicle with cannabis substances in your system simply because that drug has been prescribed to you.

Do DUI blood tests check for drugs?

Yes they can, and typically will. Police blood analysis in conjunction with their laboratories have the ability to check for the presence of illicit drugs in the system. While blood tests are relatively rare (as opposed to samples of breath for alcohol, and mouth swabs of the illicit drugs) the police can authorise the taking of a sample of blood to check for the presence of illicit drugs. You should obtain legal advice as soon as possible if you have been charged by the police for a contravention of any section of the Road traffic act 1974 and in particular consider whether you wish to apply for a spent conviction prior to your matter being dealt with in court as a failure to seek a spent conviction at the time of conviction will likely render the accused person unable to seek a spent conviction for a minimum of 10 years.

Why is it important to engage an experienced lawyer for a drug driving case?

Any contravention of the Road traffic act 1974 can result in serious consequences. Those consequences include the imposition of fines, lengthy disqualification periods, and terms of imprisonment. It is vital to obtain competent legal advice for a number of reasons. Firstly, you should obtain advice to see if there is any workable defence to the charge. In some circumstances it is possible for a negotiation with the prosecution to take place. If there is no defence to the charge a number of further issues will likely arise. Firstly, how does the accused person obtain the best outcome at court which will typically include either avoiding, or obtaining the minimum financial and disqualification periods. Secondly, an experienced lawyer can assist in making an application for a spent conviction which if successful, will render the conviction non-disclosable (with some exceptions). A spent conviction can only be sought at the time of conviction or 10 years afterwards and thus it is critical to obtain competent legal advice at an early stage. If a person is disqualified from driving they may be able to make an application for an extraordinary drivers licence which will allow them to continue driving for a work and/or urgent medical issue. Obtaining advice from an experienced traffic lawyer at an early stage in proceedings is recommended.


I was referred to Nick by a satisfied friend of mine who has also used his services. Nick achieved the optimum end result I was after, highly recommend, many thanks!
Tyrall Sutherland
Highly recommended, very professional, great out come and just a really good man, I had tried multiple lawyers, 6 or 7 of them from the Perth area, he was the most straight forward and honest one, the rest were humming and haaaring about my case, if it wasn't for Nick Stevenson I would be sitting behind bars right now, thank you Stevenson Legal - best in the business!
Tyson Mabbett
Awesome lawyer would highly recommend to everyone in need of a good lawyer. 100% the man.
Ihaka Raimona
Nick was extremely clear and concise with his advice from the moment I engaged him and was very knowledgeable about the whole process. But most importantly he got the job done and achieved the desired result for myself. Would highly recommend.
Andrew Riley
Nick is a highly competent individual. He immediately honed in on the most advantageous manner to pursue my case without extracting hours of unproductive, frivolous details and costly charges. Innocence is not a forgone conclusion if you don't know how to navigate the legal system. Without his acumen, I would have ignorantly accepted an outcome with unforeseen long-term repercussions. I owe a debt of gratitude for his services. On the day I was required in court, Nick was able to guide me through the procedure and what I should expect. With out his help, I would still be without a license. I have no problem recommending Nick Stevenson to any of my business associates and Look forward to employing his services in the future.
Julie Armstrong
After a terrible experience with another lawyer we sought out the services of Nick for an Extraordinary Drivers Licence application and am so glad we did. Nick is professional and clearly very experienced. He made the process simple for us with the exact outcome we were hoping for. Highly recommend! Thanks again Nick.
Chris M
Nick from the start made me feel very comfortable and his professionalism around the task at hand was outstanding. Nick's attention to detail, ability to pass on information, knowledge of the laws meant I knew I had the perfect partner. Nick was affordable and organized throughout the whole process I would recommend Nick to all who would be interested. Completely Satisfied!
Mike Evans
My partner found herself in a tricky situation involving a drink driving charge. Nick gave us his professional opinion on how he believed the case would pan out. Everything he said that first day was accurate and resulted in a fantastic outcome for us. Highly recommended. Anyone needing legal advice in regards drink driving matters should do themselves a favour and go see Nick. Thanks again for your help and advice!
Brett Gibson
Nick represented me in a serious traffic offence matter. Outstanding legal argument from him managed to persuade the Magistrate for a spent conviction. I highly recommend Nick. You won’t get much better than him.
Rick Karaitiana
I engaged Stevenson Legal to represent me in my extraordinary license application. At all times Nick was thorough and diligent. This resulted in me being granted an 'E' License which has helped me tremendously. Very happy with the service and would recommend him in a heartbeat!
Ben Martin
I highly recommend Stevenson Legal. From first meeting through court appearance Nick was thorough, rational and honest. His manner and explanation of procedure before entering the courtroom was very reassuring and his presence and knowledge when in court was very impressive. I could not be happier with the outcome.
Marcus P
I recently engaged Nicholas Stevenson of Stevenson Legal to represent me against a charge that carried a substantial fine and imprisonment. Nick was able to obtain a "Spent Conviction" for me. Nick was clearly at ease with the court environment and acted with great competency and professionalism. I highly recommend him.
Alun Dufty
I can highly recommend Nick Stevenson. Without his representation I would not have my extraordinary driver's licence for which I am truly grateful. I can now keep my job which I was in danger of losing. Nick is always available, friendly, understanding and speaks in easy to understand language, never judgemental, Simply the best!
Wendy Andri
Nick is an outstanding lawyer, who doesn't sell you the world and deliver you nothing. He uses he extensive legal knowledge and experience, to give you a defence which will lead to the best outcome in relation to the charge you are facing. He is extremely competent in compiling any evidence which may provide mitigating circumstances to your offence. I would not hesitate to use his services again in the future. A 5/5 lawyer and his fees are money well spent.
Thankyou Nick for a job well done. My partner was looking down the barrel at imprisonment if she did nothing but turn up to court but Nick managed to gain the minimum time off the road and a minimal fine considering what could of been for a major DUI offence. I found Nick to be very thorough and extremely professional. He ticked all the right boxes on the day!! Thanks again Nick!!
Sean Osborne
Nick was very professional in the handling of my son Adam’s application for his Extraordinary Drivers Licence. Nick is very direct and honest we thought our son would get refused but Nick’s preparation and legal knowledge got our son through this dark chapter. I would have no hesitation in recommending Nick, Thanks again Nick!
Karen Bowers
Highly recommend Nick he has helped me with 2 cases first one lifting a life licence ban and now getting my extraordinary licence condition changed to allow me a truck licence when the prosecutors objected to it. Both cases he was successful. Very knowledgeable with law and great help HIGHLY RECOMMEND👍👍👍👍
Damien Jurgens
This experience of losing my licence has been one of the toughest to deal with but dealing with Nick Stevenson has been one of the best outcomes I could have imagined. His professionalism and attention to detail in his organisational skills are second to none and made my court experience feel like a breeze. I was honoured my extraordinary licence by the judge on the day with no fuss whatsoever. Thank you Nick Stevenson I am very pleased I chose you to be my lawyer through a tough situation. Thank you!
Jarrod Coote
Nick was very professional from the onset with my case. Nick informed me of all required information throughout the whole process and made it very simple and stress free. I applied for EDL which was required for work purposes. Due to a thorough collection of supporting documents and a extensive justification as to why my EDL was necessary we were successful. Not only were we successful in being granted my EDL but all desired outcomes were achieved, only the mandatory restrictions were applied to my EDL. Due to the successful outcome of my hearing I have been able to continue with my employment without any worry or repercussions and most importantly loss of income. I can't thank Nick enough for his efforts and I highly recommend anyone who finds themself in a similar situation to seek his services asap to achieve the best possible outcome. Thankyou again Nick!
I was first introduced to Nick Stevenson from Stevenson Legal in December 2013. My Licence was cancelled and I was required to apply for an Extraordinary Drivers Licence. From the first meeting with Nick, I was so impressed with his high attention to detail and customer service. He helped me organize all the information required, His Focus on Completing Task and working collaboratively to ensure a consist approach was shared. On the day I was required in Court, Nick was able to guild me though the procedure and what I should expect. Without his help, I would still be without a licence. I have No Problem recommending Nick Stevenson to any of my Business Associates and Look forward to employing his services in the future.
Ashley Newick


A person may make an application to the court for a spent conviction in relation to their drug driving conviction. A spent conviction means that the conviction becomes a “non-disclosable” conviction and, with some exceptions, does not appear on a person’s national police clearance. A spent conviction may only be sought at the time of conviction or 10 years afterwards, there is no scope to apply in between those two times.

The usual considerations for a spent conviction will apply and in particular whether the person has demonstrated that the offence is either trivial or that they are a person of prior good character, and that the offence is unlikely to be repeated, and that there is some adverse impact that may occur if a spent conviction is not granted.

If those criteria are met the court is then enlivened to consider whether it should exercise its discretion to grant a spent conviction and will take into account various factors in that exercise. As an application can only be made at the time a person is convicted, or 10 years afterwards, it is critical to obtain competent legal advice to consider that issue prior, and not after, a conviction has been recorded.


It is illegal to drive in Western Australia with certain illicit prescribed drugs present in your oral fluid or blood and/or to be so impaired by drugs that you are incapable of proper control of a motor vehicle.

The Road Traffic Act of 1974 sets out separate charges for each offence. That there is a sharp distinction between the allegation that there is a prescribed illicit drug in your blood or oral fluid on the one hand as opposed to an allegation that your use of drugs rendered you impaired to such a degree that you were incapable of proper control of a motor vehicle.

While both charges are inherently serious and may result in fines, lengthy disqualification periods and/or imprisonment is important to firstly ascertain the precise nature of the charge made against you by the police.

It should be noted that the Road Traffic Act of 1974 has recently included provisions that also refer to offences committed while a person has both an unlawful level of alcohol in their system and illicit drugs.


If a person is disqualified from a Western Australian court for a drug driving offence they may apply to the Magistrates Court for an extraordinary driver’s licence (E licence) which, if successful, may allow them to drive for a work purpose and/or for the purposes of obtaining urgent medical treatment for themselves, or an immediate family member.

Similar to where a person has lost their licence for a drink-driving offence the court must have due consideration to a number of factors including but not limited to whether the person has provided evidence capable of showing that they meet the criteria of ‘needing’ the licence, and, if they do provide that evidence, whether there is any reason including but not limited to the public safety that should prevent them from having the licence granted to them.

As with every extraordinary driver’s licence matter if an application is refused no further application may be made for a further six months. It is accordingly critical that the correct evidence and matters are brought to the attention of the court and the Department of Transport to ensure the best prospects of success the first time the application is made.

Stevenson Legal has made hundreds of successful extraordinary driver’s licence applications. When engaging our services for a drug driving charge, we’ll be able to assist you with applying for an extraordinary driver’s licence.


Stevenson Legal has acted in the area of traffic law for over 20 years. We have an extremely high success rate in obtaining the best possible outcomes for our clients including but not limited to obtaining the minimum disqualification periods, obtaining spent convictions where appropriate, avoiding terms of imprisonment or arguing that any term of imprisonment ought to be suspended, and in assisting clients in obtaining extraordinary drivers licences if they lose their licence to drug driving and are required to drive for either work or for medical reasons.

When you engage Stevenson Legal you will obtain the services of Nicholas Stevenson, the principal of Stevenson Legal and not a junior lawyer. We stand by the significant number of positive Google reviews we have obtained and believe they speak for themselves.



A police officer can require a person to undergo a drug impairment assessment when the officer reasonably believes:

The person’s driving was impaired by a substance other than alcohol;
The person may have been driving a motor vehicle that caused personal injury or property damage and their driving was impaired by a substance other than alcohol.
The officer can require the person to wait at a certain place, or leave a vehicle, for assessment.

A person will not be required to undergo an assessment if it is more than 4 hours since the driving, or if the person’s physical condition prevents it, however longer timeframes can be permitted in circumstances of accident/injury.

If a person refuses to provide a blood, urine or oral fluid sample without a reasonable excuse, they commit an offence and are liable to a fine and/or imprisonment and licence disqualification.



If the assessment shows the person to be drug impaired, or the person refuses to be assessed, the police officer can require a sample of the person’s blood or urine or both for analysis. The person may have to accompany the officer to a certain place and wait there for testing. The testing must be done within 4 hours of the driving, with potential longer timeframes in circumstances of accident/injury.


A police officer has the power to pull over a driver of a motor vehicle and have them undergo a preliminary oral fluid test. An officer can also require such a test for a person they reasonably believe may have been driving a motor vehicle that caused personal injury or property damage. There is no longer any entitlement to insist on a blood test as opposed to an oral test.


If the preliminary oral fluid test indicates the person has taken a prescribed illicit drug, or if the person refuses to be tested, the officer can direct the person to provide a sample of oral fluid for drug testing. The officer can require the person to accompany them to a certain place, and wait there for testing.