Drug driving 

Drug driving is a major contributor to road fatalities in Victoria. Police conduct random roadside screening tests. There are strong penalties for those caught driving while affected by drugs.

What’s the law?
It is illegal to drive with an illicit drug, such as cannabis, ecstasy, ice or speed in your system.

It is also illegal to drive while impaired by any drug, whether that drug is legal or illegal (defences may apply for prescription drugs - seek legal advice).

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 to stop at a Random Drug Test station
• be affected by drugs while accompanying a learner driver
• drive under the influence of drugs
• refuse to undergo an assessment for drug impairment or to provide blood/urine samples when requested.

What is saliva testing?
Roadside screening 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 roadside screening test will require further tests. Before any enforcement action can be taken, the screening saliva sample must be confirmed by laboratory testing.

Offences & penalties

Roadside drug screening penalties
For a first offence, you may be issued an infringement notice or taken to court. If you receive an infringement notice and do not agree with it, you have a time period during which you can choose to go to court. If the court finds you guilty, the penalties may be harsher. 

Traffic infringement notices are not issued for subsequent drug driving offences. Charges are laid for the offence and the matter is dealt with at court.  

Penalties for roadside drug screening offences on and after 12 December 2010

First offence - traffic infringement notice	Three penalty units fine. Conviction and three months licence/permit suspension.
First offence - court	Up to 12 penalty units fine. Minimum three months licence/permit cancellation. Court may record a conviction.
Second offence - court	Up to 60 penalty units fine. Minimum six months licence/permit cancellation. Court may record a conviction.
Subsequent offences - court	Up to 120 penalty units fine. Minimum six months licence/permit cancellation. Court may record a conviction.

In 2011 - 2012, one penalty unit is $122.14. Refer to the Office of the Chief Parliamentary Counsel for the yearly value of penalty units.


Driving while impaired by a drug
This offence involves a preliminary assessment of physical factors such as your behaviour, balance and coordination. If this assessment indicates that you may be impaired by a drug, you will be required to provide blood and/or urine samples.

Penalties for driving while impaired by a drug

First offence - court	Immediate suspension. Up to 12 penalty units fine. Minimum 12 months licence/permit cancellation. Court may record a conviction.
Second offence – court	Immediate suspension. Up to 120 penalty units fine or up to 12 months imprisonment. Minimum two years licence/permit cancellation. Court may record a conviction.
Third and subsequent offences - court	Immediate suspension. Up to 180 penalty units fine or up to 18 months imprisonment Minimum two years licence/permit cancellation. Court may record a conviction.

 

Other penalties & requirements

Refusal offences
Harsher penalties apply if you refuse to provide a sample or cooperate with testing requirements. 

Immediate suspension
The police have the power to immediately suspend your licence or learner permit once they charge you with certain drug driving offences. The suspension lasts until the charges have been decided at court.

The difference between suspension and cancellation
Suspension - you cannot drive for a specific period. When this period has finished, your licence or permit becomes valid again.

Cancellation - you cannot drive for a specific period. When this period has finished, you need to go to a VicRoads customer service centre and reapply for a licence or permit.

Getting your licence or learner permit back
If you lose your licence or learner permit as a result of a drug driving offence, you must undertake a drug education program. If you are under the age of 25, you may also have to undertake an assessment of your use of drugs before being eligible to to get your licence or learner permit back. The courts may require this of older offenders.