Northern Territory Consolidated Acts Northern Territory Consolidated Acts28. Driving with certain drugs in the blood
(1) A person commits an offence if, while there is in the person's blood a prohibited drug, the person:
(a) drives a motor vehicle; or
(b) is a driving instructor occupying a passenger seat in a vehicle for the purpose of instructing another person to drive the vehicle.
Maximum penalty: For a first offence - 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence -7.5 penalty units or imprisonment for 6 months.
(2) An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving under the influence of alcohol or a drug;
(b) driving with a prohibited drug in the blood.
(3) For subsection (2)(b), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(4) If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a second offence - for a minimum period of 3 months; or
(b) for a subsequent offence - for a minimum period of 6 months.
(5) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
(6) For subsection (1), a prohibited drug means a drug prescribed by the Regulations as either of the following:
(a) drugs that are strictly prohibited for subsection (1);
(b) drugs that are prohibited for subsection (1) but to which the defence under section 29 applies.