Faulty Powers – Challenges to Roadside Drug Testing

rosenet-ca.org Challenges to Roadside Drug Testing-min

Most states and territories have “declared war” on drug driving in the last couple of years. New South Wales is presently leading the charge by announcing that by 2017 they will increase the number of roadside tests to 200,000.[1]

Our alcohol driving laws have been around for many years and there are now enormous amounts of data regarding its effect on driving, blood concentration levels that give rise to impairment and the likelihood of being involved in an accident.

This pervasive concept inherently coaxes us to evaluate the drug driving laws by similar standards.  Unfortunately, the policy behind these laws and the manner in which they are being enforced is not at all like alcohol driving laws and consequently we must assess them from other perspectives or consult experienced criminal lawyers for advice..

Each state and territory has now enacted some form of roadside drug testing legislation.  However, the incidence of that legislation and the now increased focus on enforcing it has not been complimented with any educational material or even a consistent approach.  Some commentators say the reason for this is that it’s merely a campaign against drugs cloaked as a road safety campaign.

That is an interesting conundrum because users who are prosecuted for drug driving do not ordinarily face criminal charges for possession or use of illegal drugs; and yet the possession and use of the drugs that are tested for is itself a crime.

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