Drug-impaired drivers can expect new offences and penalties if they take any of the 25 specified drugs above the legal limit for driving.

Earlier this year, the police decided to defer random roadside drug testing indefinitely. The reason given was that an appropriate saliva testing mechanism could not be found following the procurement and testing process. However, it is still illegal to drive while impaired, and this does not mean that police will not be testing for drugged drivers. Instead, they will be employing different methods to ascertain whether someone has been driving under the influence of drugs.

Compulsory impairment testing

A Compulsory Impairment Test (CIT) is a behavioural impairment test undertaken by a specially trained police officer. Unless the officer has good cause to suspect the driver has consumed a drug or drugs, it cannot be required. It comprises eye, walk and turn, and one-leg-stand assessment.

A driver who fails to complete a CIT in a manner satisfactory to an enforcement officer is required to undertake an evidential blood test. Failing or refusing to undergo a CIT is an offence.

Blood tests

A blood test can be taken when a CIT is not satisfactorily complete or a driver refuses to do a CIT. A blood test can also be required when a driver has been admitted to hospital after a crash or is involved in an incident where they were not in control of their vehicle. The blood test will be able to show the presence or level of drugs in their system.

If a positive result is ascertained, it usually indicates recent drug use and not historical use or passive or accidental exposure, which would be unlikely to cause impairment.

Specified drugs

The 25 drugs that will be tested for include Amphetamine, Cocaine, Codeine, Diazepam, Fentanyl, Ketamine, MDMA, Methadone, Methamphetamine, Morphine, Oxycodone, THC (cannabis) and Tramadol, to name a few. If you’re interested and want to see the full list, you can find this under Schedule 2 of the Land Transport (Drug Driving) Amendment Act 2022.

Part 1 of the schedule sets out the level of drugs needed in your system to constitute a high-risk blood concentration level. Part 2 of the schedule sets out the level of drugs needed in your system to constitute a tolerance blood concentration level. The schedule makes a distinction between “high-risk” and “tolerance” levels because the penalties for “high-risk” are more serious.

These drugs were identified as having the highest risk of impairment and road safety in New Zealand. The government appointed an expert panel that made recommendations based on statistics, facts, data and scientific literature and looked at limits set by other countries.

Repercussions

If the level of drugs detected in your system falls below the tolerance level, you have not committed an offence. If your level is above the tolerance threshold but below the high-risk threshold, this will constitute an infringement-level offence and incur between 50 and 75 demerit points. If you incur at least 100 demerit points within a two-year period, your licence will be suspended for three months.

Criminal convictions will occur if the level of drugs detected in your system exceeds the high-risk threshold. Examples of the most common offences and penalties are:

• a prison term of up to three months or a fine of up to $4500, and a mandatory disqualification from driving of six months or more for driving or attempting to drive with one qualifying drug above the high- risk threshold
• a prison term of up to six months or a fine not exceeding $4500, and a mandatory disqualification from driving of nine months or more for driving or attempting to drive with more than one drug, or drug and alcohol, above the high-risk threshold
• a prison term of up to two years or a fine not exceeding $6000, and a mandatory disqualification from driving for more than one year for third and subsequent convictions for drug driving
• a prison term of up to three years or a fine not exceeding $10,000 and a mandatory disqualification from driving of one year or more if a driver has caused the injury or death of a person and has a qualifying drug above the high-risk threshold.