VICTORIA OFFENCES

DRUG DRIVING

It is an offence to take drugs (including many legal drugs) and drive a motor vehicle in Victoria.

There are three offence types:

driving or being in charge or a motor vehicle while under the influence of alcohol or any drug to such an extent as to be incapable of having proper control of the motor vehicle (s.49(1)(a) Road Safety Act 1986;
driving or being in charge of a motor vehicle while impaired by any type of drug (s.49(1)(ba) Road Safety Act; and/or
driving or being in charge of a motor vehicle when your saliva or blood exceeds the prescribed content of illicit drugs (being any trace at all) (s.49(1)(bb), 49(1)(h) & 49(1)(i) Road Safety Act;

Driving under drug influence to the extent of losing vehicle control (s.49(1)(a)) carries severe penalties and can accompany other drug driving charges, especially if driving behaviour led to police attention. It's crucial to consult legal advice for a s.49(1)(a) charge, as experienced traffic lawyers might mitigate penalties by navigating pleas to lesser charges.
Driving impaired by drugs (s 49(1)(ba)) can be identified by police roadside, even with a negative breath test. If impairment is suspected based on coordination assessments, officers can request a blood or urine sample. A positive result for drugs, including prescription ones, leading to perceived impairment, may result in charges under s 49(1)(ba).
Driving with illicit drugs like methylamphetamine (meth, amphetamines, or ice) and delta-9-tetrahydrocannabinol (cannabis) in saliva or blood constitutes an offense (s 49(1)(bb), (1)(h) & (1)(i)). Detection involves random saliva tests similar to breath tests for alcohol but uses a saliva swab analyzed immediately. Blood tests can also be conducted as required by law. Police may request these tests, including at hospitals post-accidents.

The Penalties

Find out more about each drug driving penalty here:

Drug Driving Penalties in Victoria

First Offence: Minimum 6-month licence cancellation.

Subsequent Offence: At least 12 months cancellation, applies even if the previous was not for drug driving.

Prior Convictions: Risk of imprisonment; a skilled lawyer can often prevent jail time.

Refusal to Provide Sample: Minimum 2 years licence cancellation.

Can I Defend The Charge?

Defending drug driving charges in Victoria is challenging but possible, with defences including Duress, Necessity, Emergency, Factual Dispute, or procedural and technical errors. Defences may also apply for prescribed medications affecting test results or if there's a reason to believe tests should have been negative. Procedural issues within the police highlight the importance of legal advice if doubting POFT results or if a secondary test contradicts initial findings. Always consult a lawyer for potential defences to drug driving charges.