South Australia cracks down on drug-affected drivers

Motorists in South Australia who fail a roadside test for illicit drugs will lose their licence on the spot under new laws introduced this week.

South Australia Police now have the power to issue an Immediate Loss of Licence notice to drivers who test positive for illegal or controlled drugs.

Before the changes, motorists in South Australia who refused a drug or alcohol test could have their licence taken away – but those who tested positive to drugs could continue to drive.

Impaired drivers could previously only be issued with a fine or summons to attend court – at which point the court may decide to take their licence – but allowing the drug-affected offender to drive in the meantime.

That loophole has now been closed, thanks to expanded powers – which now also allows police to strip drivers of their licence on the spot if they are found to be driving in a reckless or dangerous manner, whether or not drugs or alcohol are involved.

In August 2022, South Australia Police were given new powers to disqualify a driver on the spot in circumstances of 'extreme speed'.

The latest drug-driving laws bring South Australia into line with other states such as Victoria and New South Wales, which both allow police to suspend the licence of a drug-affected driver until the matter is heard in court.

MORE: South Australia Police given new powers to cancel licences

Between 2017 and 2021, approximately 20 per cent of drivers and motorcycle riders killed on South Australian roads had cannabis, methylamphetamine, MDMA, or a combination of these drugs in their system, according to the State Government.

"It beggars belief that some people think it’s acceptable to drive after using drugs. These new laws will ensure those selfish motorists have a stern wake-up call," South Australia Police Minister Joe Szakacs said in a media statement.

"The reckless decisions of drug drivers put everyone’s life at risk on the road, and all South Australians have seen the results of what can happen when people choose to get behind the wheel with drugs in their system."