Mandatory Licence Loss for Drug Driving Offenses in Victoria

Driving under the influence of drugs is a serious offense in Victoria with strict penalties, including mandatory licence loss. These penalties are designed to improve road safety and deter individuals from driving while impaired by drugs.

What Is Drug Driving?

Drug driving occurs when a driver operates a motor vehicle while under the influence of illicit substances, including:

• Cannabis.
• Methamphetamine (ice).
• MDMA (ecstasy).

Drivers can be charged if they:

1. Test positive for drugs in their system during a roadside drug test.
2. Exhibit signs of impairment caused by drugs, regardless of the amount detected.

Penalties for Drug Driving

Victoria takes a zero-tolerance approach to drug driving. If convicted, the penalties include:

1. Fines and Convictions:
   • A monetary fine may be imposed.
   • A criminal conviction will typically be recorded.
2. Mandatory Licence Loss:
   • For a first offense, the licence suspension period is at least six months.
   • For subsequent offenses, the mandatory suspension increases significantly to a minimum of 12-months.
3. Drug and Alcohol Program:
   Offenders are usually required to complete a behaviour change program, which focuses on education and rehabilitation.
4. Vehicle Impoundment (in some cases):
   Repeat offenders or those charged with aggravated drug driving may face the impoundment of their vehicle.

Why Is Licence Loss Mandatory?

The Victorian government enforces mandatory licence suspension for drug driving offenses to:

• Protect public safety by removing impaired drivers from the roads.
• Deter individuals from driving under the influence of drugs.
• Promote accountability and reinforce the seriousness of drug driving.

Repeat Offenders and Harsher Penalties

Repeat drug driving offenders face harsher penalties, including longer suspension periods and potentially permanent licence disqualification in severe cases. Repeat offenses also carry increased fines, convictions, and rehabilitation requirements.

Can I Contest a Mandatory Licence Loss?

Unlike discretionary penalties, mandatory licence suspension is not subject to negotiation or reduction by the court. However, it is possible to contest the charge itself if you believe there is an error in the evidence, such as the drug test results.

How to Avoid Further Penalties

If charged with drug driving, the following steps can help:

• Seek Legal Advice: An experienced solicitor can evaluate the circumstances of your case and advise on possible defenses.
• Complete Required Programs: Compliance with court-ordered programs demonstrates your commitment to improving behavior.
• Understand the Conditions of Suspension: Ensure you do not drive during the suspension period, as driving while suspended carries severe additional penalties.

Need Help with Your Case?

At Elbob & Stephenson Legal, we provide expert legal guidance and representation to ensure the best possible outcome for your matter. If you’re facing court proceedings, we can assist you through every step of the process. Contact us to learn more about our services and to obtain our contact details. Let us help you navigate this challenging time with confidence.