Drug driving is a major contributor to road fatalities in Victoria. Police conduct random roadside testing and there are strong penalties for those caught driving while affected by drugs.
It is illegal to drive while affected by an illicit drug, such as cannabis, ecstasy, ice or speed.
It is also illegal to drive while impaired by any drug whether that drug is legal or illegal.
Drug driving offences are not limited to public roads. They can be committed on private property.
It’s also an offence to:
- Refuse to provide a saliva sample, or stop at a Random Drug Test station
- Be affected by illicit drugs while accompanying a learner driver
- Refuse to undergo an assessment for drug impairment
In 2009-10, one penalty unit is $116.82
| First offence – traffic infringement notice |
Three penalty units fine and 10 demerit points. |
| First offence – court penalty |
Up to 12 penalty units fine
Six months licence cancellation, or 10 demerit points. |
| Second offence – court penalty |
Up to 60 penalty units fine
Twelve months licence cancellation |
| Third and subsequent offences - court penalty |
Up to 120 penalty units fine
Twelve months licence cancellation |
| First offence – court penalty |
Up to 12 penalty units fine
Twelve months licence cancellation OR two years licence cancellation (refusal offence) |
| Second offence – court penalty |
Up to 120 penalty units fine
Two years licence cancellation OR four years licence cancellation (refusal offence) |
| Third and subsequent offences - court penalty |
Up to 180 penalty units fine
Two years licence cancellation OR four years licence cancellation (refusal offence) |
People who lose their licence as a result of drug driving offence must undertake a drug education and assessment course before being eligible to get their licence back.
Roadside testing for illicit drugs is conducted using a saliva sample. A driver provides a sample by placing an absorbent collector in their mouth or touching it with their tongue.
- The test takes around five minutes.
- Drivers who return a positive test will require further tests
- Before any charge can be laid, the saliva sample must be confirmed by laboratory testing