Blood and urine samples to check for drugs and alcohol will now be allowed to be taken from drivers involved in serious injury crashes on NSW roads, with the state government introducing the new Bill to support police investigations.
The current law, which has been in place since 2006, allows for mandatory drug and alcohol testing of all drivers involved in fatal crashes, with this new amendment branching out to crashes resulting in grievous bodily harm.
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The Bill will support police investigations of serious driving offences in response to recommendations by the NSW Sentencing Council report on repeat traffic offenders. This will help ensure that drivers who drive while impaired and cause serious injuries face the legal consequences.
“This Bill will strengthen post-crash drug and alcohol testing, and further support police investigation of the most serious injury crashes on our roads,” roads and regional transport minister Jenny Aitchison says.
“The NSW Government is sending a clear message that drink and drug driving is not acceptable and those who engage in this high risk behaviour will be held accountable, where they cause injuries consistent with grievous bodily harm.
“We are committed to improving road safety and reducing the number of fatalities and serious injuries on our roads, and this bill helps us achieve that goal.”
The Bill also seeks to extend post-crash testing powers to bicycle riders. This means bicycle riders, like motorists, can have samples taken and tested where they are in involved in fatal and grievous bodily harm crashes.
The amendment is an important action in the 2026 Road Safety Action Plan which has a target to halve deaths and reduce injuries by 30 per cent on NSW roads by 2030.
“Police are often first on the scene of serious crashes and see firsthand the irreversible, devastating impact of road trauma,” police and counter-terrorism minister Yasmin Catley says.
“Police tell me that the majority of serious crashes they are called to are preventable and not accidents – changing the language in the legislation recognises this fact.
“This bill gives police another tool so that drivers who cause grievous bodily harm to another person can be charged with the appropriate offence.”
The Bill also sets out to amend the current legislation by replacing the term “accident” with “crash.” Road safety advocates have been asking for this change for some time, underpinned by the principle that any death and serious injury on the road network is preventable.
“We welcome the NSW Government’s move to expand post-crash drug and alcohol testing and replace the word ‘accident’ with ‘crash’ in legislation,” NSW Road Trauma Support Group founding member Duncan Wakes-Miller says.
“These changes acknowledge that criminal road deaths are not random — they are preventable.
“My son Barney was killed by a drunk driver who got just a 12-month ban. Until vehicular violence is treated with the same gravity as other violent crimes, justice will keep failing grieving families. This Bill is a step forward — but not the finish line.
“Road crime must become a social anathema if we’re serious about saving lives.”