Combined Alcohol and Drug Driving: Navigating NSW’s Section 111A

Have you ever wondered why NSW road laws seem to be getting tougher every year? If you follow the news or keep an eye on road safety campaigns, you might have noticed a shift toward cracking down on “poly-drug use” the combination of alcohol and illicit substances behind the wheel.

The NSW Government introduced a significant change to the Road Transport Act 2013. This change created a specific, high-level category of offence: the Combined Alcohol and Drug Driving Offence under Section 111A.

But what does this actually mean for the everyday driver? Is it just another way to issue fines, or is there a deeper legal and safety reason for these strict new rules? In this blog, we’ll break down everything you need to know about Section 111A, the penalties you could face, and potential defences.

What is Section 111A?

Before 2021, if a driver was caught with both alcohol and drugs in their system, they were often charged with two separate offences: one for the alcohol (PCA) and one for the drug presence. The defence strategies and potential penalties would differ depending on the charge.

Section 111A was created to reflect the increased risk of driving under the influence of both illicit substances and above the prescribed concentration of alcohol. It applies when a person drives (or attempts to drive) while having:

1.  A Prescribed Concentration of Alcohol (PCA) in their breath or blood; AND

2.  A Prescribed Illicit Drug (PID) (such as Cannabis/THC, MDMA, or Cocaine) in their oral fluid, blood, or urine.

This isn’t just about being “drunk and high”—it’s a legal threshold. Even if you feel perfectly fine to drive, if the testing conducted by the NSW Police says both are present, you are in breach of the law.

The “Absolute Liability” Trap

One of the most important things to understand about Section 111A is that it is a absolute liability offence.

In plain English, this means the police don’t have to prove that you were actually impaired or that your driving was affected. They don’t need to show you were swerving or slurring your speech. All they need to prove is the physical presence of the substances in your system at the time of driving.

Have you checked out our previous guide on Drug Driving Offences in NSW for more context on how testing works?

Further, the prosecution does not need to negate evidence that you had an honest and reasonable belief regarding the presence of an illicit substance being in your system.

However, since the NSW Court of Criminal Appeal decision in R v Narouz [2024] NSWCCA 14, the law takes the view that the presence of these substances creates an unacceptable risk to public safety, irrespective of even a person’s awareness they drove with an illicit drug in their system. 

Does this seem fair? Many argue that if a person isn’t impaired, they shouldn’t face such harsh penalties, especially where the illicit substance was taken many days prior to driving. Perhaps more controversially, is it fair to still be found guilty of an offence, where an illicit substance was unknowingly ingested due to a drink being spiked?

Interestingly, the Court held in R v Narouz [2024] NSWCCA 14in certain very specific situations (e.g. a person’s drink being spiked with a prescribed illicit

The Different Categories of the Offence

The law categorises these offences based on the level of alcohol involved. The higher the alcohol reading, the more severe the punishment.

1. High-Range PCA + Illicit Drug (s 111A(1))

This is the most serious tier. It involves a high-range alcohol reading (0.150 or above) combined with any trace of an illicit drug.

First Offence: Max fine of $5,500 and/or 2 years imprisonment.

Second/Subsequent Offence: Max fine of $11,000 and/or 2 years imprisonment.

2. Mid-Range PCA + Illicit Drug (s 111A(2))

This applies to a mid-range alcohol reading (0.05 to 0.149) plus a drug.

First Offence: Max fine of $3,300 and/or 18 months imprisonment.

Second/Subsequent Offence: Max fine of $6,600 and/or 2 years imprisonment.

3. Second or Subsequent Combined Offences (s 111A(3))

Even if the alcohol reading is Low, Novice, or Special Range, if you have a prior conviction for a combined offence within the last five years and are caught again with both substances, you face significant jail time (up to 18 months).

Mandatory Interlocks: A New Reality

If you are convicted under Section 111A, you won’t just lose your licence for a few months. You will likely be subject to the Mandatory Interlock Program.

An interlock device is an electronic breath-testing unit linked to your car’s ignition. To start the car, you must blow into the device; if any alcohol is detected, the car simply won’t start.

Under Section 211 of the Road Transport Act 2013, combined offences carry heavy interlock periods:

Mid-Range + Drug (First Offence): 12-month interlock period after a minimum 3-month disqualification.

High-Range + Drug (First Offence): 24-month interlock period after a minimum 6-month disqualification.

The costs of installing and maintaining these devices fall entirely on the driver, often totalling thousands of dollars over the duration of the order.

How the Police Prove It: The Timing Rules

The law provides the police with “evidentiary shortcuts” to make these charges stick. Under 32A and 32B of the Road Transport Act (NSW), the timing of the test is crucial:

Alcohol: If a breath or blood sample is taken within 2 hours of driving, the result is legally presumed to be the concentration you had while driving.

Drugs (Oral Fluid): If an oral fluid sample is taken within 2 hours, it is presumed to show the drug was present while driving.

Drugs (Blood/Urine): If the sample is taken within 4 hours, the same presumption applies.

To beat these charges, a defendant would have to prove that the concentration was lower or zero at the time of driving a very difficult scientific task once the samples have been processed.

Are There Any Defences?

Defending a Section 111A charge is notoriously difficult because of its absolute liability nature. However, there are some specific legal avenues:

1.  Medicinal Use: For certain substances like morphine, if you can prove it was consumed for medicinal purposes and taken as prescribed, you may have a defence.

2.  Honest and Reasonable Mistake of Fact: This is a general legal defence which is not available for combined drink and drug driving offences under Section 111A. 

3.  Alternative Verdicts: Under Section 111A (5), if the court isn’t satisfied the “combined” offence is proven (e.g. the drug test was flawed, they can still find you guilty of a lesser offence, like a simple PCA offence.

The Big Picture: Why the Strictness?

The introduction of Section 111A represents a zero-tolerance approach by the NSW government. By combining the penalties for drink and drug driving into one “Major Offence,” the law aims to send a clear message: the risks of driving above the PCA  alongside drugs in a person’s system is a serious offence.

But we want to hear from you.

Do you think it’s fair that a person can be jailed for 2 years for a first-time combined offence, even if there was no accident?

Should the law distinguish between someone who smoked cannabis two days ago (but still tests positive) versus someone who is actively high?

The intersection of science and law is rarely simple, and as testing technology improves, these debates will only become more common.

How We Can Help

If you or someone you know has been charged under Section 111A, the consequences are life changing. From mandatory jail time to long-term interlock requirements, these are not charges you should face alone.

At National Criminal Lawyers®, we specialise in navigating the complexities of the Road Transport Act. Our team understands the technicalities of forensic testing and the nuances of the NSW court system.

Don’t leave your future to chance. If you have questions about a combined offence or need representation,