iSAYSO
Oral‑fluid roadside test results are not admissible in court
THIS IS FOR ALL THE PEOPLE WHO CAN’T FIND THINGS FOR THEMSELVES.
1. Oral‑fluid test results are not admissible in court (except for infringement‑only offences)
Section 77A(5) of the Land Transport Act 1998 states:
“The result of analysis of an oral fluid sample carried out by an approved analyst is not admissible in evidence in proceedings for any offence against this Act other than an offence under section 57A(3), 57B(3), 57C(3), or 57C(4).”
Those sections (57A(3), 57B(3), 57C(3)/(4)) are infringement‑only offences — not criminal charges.
Meaning:
2. The Act requires a blood test to confirm drug use for court proceedings
Section 77A(1) makes this explicit:
For court proceedings, it is “conclusively presumed” that the drug level is what is found in the blood specimen taken under sections 72 or 73.
This means:
3. The 2022 and 2025 Amendment Acts reinforce this
The 2022 Amendment Act inserted the rule that:
“The result of an oral fluid test is not admissible in evidence in proceedings for any offence… other than [the infringement offences].”
The 2025 Amendment Act kept this structure and strengthened the blood‑test election process.
