Highway Patrol officers stopped the 32-year-old in his BMW X5 on the Hume Highway at Braemar about 1.30pm (3.30pm NZT) on Monday.
NSW Police say the former South Sydney Rabbitohs player was subjected to a random roadside drug test and was taken to Southern Highlands Police Station where a second oral fluid test was carried out.
The sample from the second test was sent away for further analysis, police said.
Burgess is due to face Moss Vale Local Court on May 4 on charges of driving a vehicle without a licence. Police further allege the vehicle is unregistered.