What is the Offence of Drug Driving?

Drug driving is a serious traffic offence in Victoria and carries severe legal consequences. Under the Road Safety Act 1986 (Vic), it is an offence to:

1. Drive with an illicit drug present in your system — This is a strict liability offence, meaning police do not need to prove impairment, only the presence of drugs.
2. Drive while impaired by drugs — This requires evidence that the drugs have affected your ability to drive safely.

Police conduct saliva, blood, or impairment tests to detect the presence of illicit substances such as cannabis, methamphetamine, and MDMA. Prescription drugs can also lead to charges if they impair your driving ability.

What the Prosecution Must Prove

For a drug driving charge to succeed, the Prosecution must establish:

1. You were driving or in control of a motor vehicle — This includes sitting in the driver’s seat with the keys in the ignition.
2. Drugs were detected in your system — Confirmed through an evidentiary saliva, blood, or urine test.
3. The test was lawfully conducted — The test must have been administered correctly, and within the required timeframe.

For drug impairment charges, police must also prove that your driving ability was affected by the substance.

Penalties for Drug Driving in Victoria

The penalties for drug driving depend on whether it is a first or subsequent offence, and whether you were impaired.

• Fines — Up to 120 penalty units (over $25,000) for serious offences.
• Licence Disqualification — Mandatory for all drug driving offences.
• Interlock Device Requirement — Required for repeat offenders.
• Imprisonment — Possible for aggravated or repeat offences.

Possible Defences to a Drug Driving Charge

Although drug driving charges can be difficult to challenge, potential defences include:

Charged with Drug Driving? Contact Us for Expert Legal Advice

If you have been charged with drug driving in Victoria, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.

☎ Contact us today on 1800 117 533 to schedule a consultation.