Drug driving is a significant road safety issue in Victoria, encompassing a range of offences and penalties aimed at deterring individuals from operating vehicles while impaired by drugs. This guide provides an overview of drug driving laws, penalties, legal processes, and resources to assist individuals facing these charges.

What Constitutes Drug Driving?

Drug driving offences arise when substances impair a driver’s ability to operate a vehicle safely. This includes:

1. Illicit Drugs: Driving with illegal substances such as cannabis, methamphetamine (ice), or ecstasy in your system.
2. Mixed Substances: Operating a vehicle with a combination of drugs and alcohol.
3. Prescription Drug Misuse: Driving under the influence of prescribed medications taken against medical advice or in a manner that impairs safe driving.

Key Offences Under Drug Driving Laws

1. Detection of Illicit Drugs in Saliva:
   1. Roadside testing detects substances like cannabis, ice, and ecstasy.
   1. First Offence: Usually results in a fine or infringement notice.
   1. Repeat Offences: May involve court appearances and escalated penalties.
2. Misuse of Prescribed Medications:
   1. Driving impaired due to misused medications. Defences require proving adherence to medical instructions.
3. Impaired Driving:
   1. Failing a drug impairment assessment, often followed by confirmatory blood or urine tests.
4. Driving Under the Influence (DUI):
   1. Charges require evidence of both drugs in your system and impairment of vehicle control.
5. Refusing to Submit to Drug Testing:
   1. Refusing saliva, blood, or urine tests is a separate offence with severe penalties.
6. Combination of Drugs and Alcohol:
   1. Driving under the influence of both substances carries higher penalties than individual offences.

Steps to Take If Charged with Drug Driving

Preparing for Court

If you are charged with drug driving, preparation is crucial:

1. Understand the Charge: Review the “Details of the Charge” section in your charge sheet to understand the evidence against you.
2. Burden of Proof: The prosecution must prove that drugs were present in your system or impaired your ability to drive.
3. Seek Legal Guidance: Legal aid or professional representation can assist in building your defence.

For more information, visit Victoria Legal Aid – Going to Court for Traffic Offences.

Your Options in Court

• Plead Guilty: Admitting guilt may result in more lenient penalties.
• Plead Not Guilty: Contest the charge if you believe it is unjust. A contested hearing will involve presenting evidence and arguments.

Delaying Court Proceedings

You can request an adjournment for additional preparation or to secure legal representation. First-time requests on summons are often granted without appearing before a magistrate.

Penalties for Drug Driving

Penalties depend on the offence severity, prior convictions, and circumstances:

Fines and Jail Sentences

• First Offences: Fines starting at 12 penalty units (approximately $2,220).
• Severe or Repeat Offences: Fines up to 180 penalty units (approximately $33,300) or 18 months imprisonment.

Licence Cancellation and Suspension

• Minimum Disqualification Periods:
  • 6 months: Driving with more drugs in your system than prescribed.
  • 12 months: Driving while impaired by drugs.
  • 2 years: Refusing to undergo drug testing.

In cases involving infringement notices rather than court convictions, licences are typically suspended, allowing for automatic reinstatement after the suspension period.

Mandatory Behaviour Change Program (BCP)

All convicted drivers must complete a BCP through a VicRoads-approved agency to regain their licence.

Additional Penalties

The court may impose further measures, including:

• Good Behaviour Undertakings: Commitments to avoid further offences.
• Community Corrections Orders: Community service or rehabilitation programs.
• Vehicle Impoundment or Immobilisation: For repeat offences or driving under combined substances.

Broader Implications of a Guilty Finding

1. VicRoads Driving Record: Offences are recorded and may impact future licence applications.
2. Criminal Record: Serious cases may result in a criminal conviction, affecting employment and travel.

For detailed information, visit Victoria Legal Aid – Traffic Offences.

Immediate Licence Suspension

Police may suspend your licence immediately for:

• Refusing oral fluid, blood, or urine testing.
• Driving with drugs and alcohol in your system.
• Being impaired by drugs.
• Committing a second drug or drink-driving offence within 10 years.

Suspensions can last up to 12 months or until the specified date or court resolution. Magistrate-ordered disqualifications are typically backdated to the suspension notice date.

Appealing the Court Decision

If you believe the court’s decision was unfair, you can lodge an appeal:

• Timeframe for Appeal: File your appeal with the County Court of Victoria within 28 days of the decision.
• Risk of Increased Penalty: Appeals can result in harsher penalties if unsuccessful.
• Seek Legal Advice: Professional guidance is essential to assess risks and outcomes.

Key Legislation

• Road Safety Act 1986: Defines drug driving offences and prescribes penalties.
• Sentencing Act 1991: Details penalties and sentencing guidelines.

Resources and Support

1. Victoria Legal Aid: Free legal advice for drug driving offences.
2. VicRoads: Information on Behaviour Change Programs and licence reinstatement.
3. DirectLine: Counselling and support for drug and alcohol-related issues.
4. Fines Victoria: Assistance with managing fines.

Let Pentana Stanton Lawyers Assist You with Drug Driving Offences

Drug driving carries serious penalties, including fines, licence disqualification, and mandatory programs. At Pentana Stanton Lawyers, we provide expert legal advice and representation to help you navigate the complexities of drug-driving charges and achieve the best possible outcome.

Visit our website today to learn more about how we can assist with traffic offences. Let us guide you through the legal process with confidence and clarity.