Drug Driving Laws

In reply to the Hon. C. BONAROS (3 February 2021).

The Hon. R.I. LUCAS (Treasurer): The Attorney-General has advised:

The laws that are specifically concerned with drug driving are primarily contained in the Road Traffic Act 1961 and the Motor Vehicles Act 1959, which fall within the portfolio of the Minister for Infrastructure and Transport.

However, the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007within the Attorney-General's portfolio does already allow the South Australia Police to clamp or impound a vehicle if a person has been charged with or arrested for a prescribed offence.

Prescribed offences are listed in the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007, and do include driving with a prescribed drug in oral fluid or blood (i.e. 'drug driving').

In certain circumstances following conviction of a prescribed offence, the offender's vehicle may also be forfeited to the Crown by court order.