How would you feel if you failed roadside drug testing in New South Wales? Guilty? Embarrassed? A bit silly? For most people, getting caught once would be more than enough. But for one driver recently, remorse didn’t seem to enter his mind. Instead of staying off the road, he hopped back into a car and did it all over again, getting caught by drug testing by Police for a second time in the same day.
While the story might sound almost unbelievable, it highlights some important realities about roadside drug testing in NSW and raises useful questions for workplaces managing drug risk every day.
Twice in one day roadside drug testing incident
The incident occurred about a month ago and was highlighted on the ACT Policing website.
According to the release, the incident started when a driver tested positive during roadside drug testing. He was transported to a nearby police station, where further testing backed up the initial result. He was then released and issued with a direction not to drive for a specified period.
However, it wasn’t long before police noticed the man again, you guessed it, driving a car. He was again taken to a nearby police station where drug testing came back positive.
The incident might raise a laugh or a shake of the head, but it also highlights a serious point. Roadside drug testing can detect the presence of drugs, but it has clear limits when it comes to preventing repeat behaviour in the short term.
You might be wondering how this could happen
At this point, you might be thinking: how is that even possible? Surely once someone fails a roadside drug test, that’s the end of the story for the day?
In reality, the process – or essentially the law – doesn’t prevent such incidents.
Roadside drug testing in NSW follows a structured system. Police can test a driver and prohibit them from driving for 24 hours. However, they cannot physically prevent someone from ignoring that prohibition later in the day.
The process works like this:
- Police stop vehicles, often during random breath testing operations.
- Drivers complete a breath test and an oral fluid test, commonly known as a saliva or “lick” test.
- If the first test is positive, police require a second oral fluid sample. This usually happens immediately. Officers may conduct it in a police vehicle, a mobile drug bus, or at a police station.
- If the second test is also positive, the driver receives a 24-hour driving prohibition.
- After that, the sample goes to a forensic laboratory for confirmation testing. If the laboratory confirms the presence of an illicit drug, police issue a Court Attendance Notice or penalty notice.
Apart from issuing that 24-hour prohibition, there is little more police can do in the moment. The system relies on compliance. If someone chooses to ignore the direction, they risk being detected again — exactly what occurred in this case.
Could this happen in New South Wales workplaces?
You might be wondering could a similar incident occur in NSW workplaces? Could someone provide positive drug tests twice in the same day?
The answer, simply, is no. Providing an effective process is being followed.
In NSW workplaces, an initial positive result is called a non-negative. It is not proof of wrongdoing. It is a trigger for further action focused on safety, not punishment.
After a non-negative result, the employee should be removed from any safety-sensitive task. The employer should take them to a safe place and will then generally arrange transport home. The goal is to eliminate immediate risk.
Following this, a sample from the employee will be sent to an independent, accredited laboratory for confirmation testing. Only this laboratory result can confirm the presence of a prohibited substance.
Until confirmation occurs, the employer must not assume impairment or misconduct. The employee is free to resume work – when it is safe – and any disciplinary steps must wait and must align with the organisation’s drug and alcohol policy.
This approach protects safety while also protecting employee rights. It also reduces legal risk for employers.
Supporting safer NSW workplaces with drug testing and more
At Integrity Sampling, we support organisations across New South Wales with professional drug testing, management and education services. We help employers implement fair, compliant processes that prioritise safety.
Drug testing in New South Wales works best when testing, education, and policy all align. When businesses and employees understand the process, everyone benefits.
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How could a driver in New South Wales get caught twice for drug testing in the same day? Could this happen in NSW workplaces? Credit Highway Patrol Images https://www.flickr.com/photos/special-fx/8614810939/
