Get the best drug Driving Lawyers in Melbourne
Get the best drug Driving Lawyers in Melbourne
Melbourne drug driving Lawyers
Under section 49 of the Road Safety Act (RSA), it is an office to drive a motor vehicle while under the influence of drugs or alcohol to the degree that the driver is incapable of having proper control of the vehicle.
While the blood alcohol content for alcohol is 0.05, the presence of any quantity of illicit drugs in a driver’s system, or even a legal or prescription drug that might make them incapable of properly controlling a vehicle, can result in a drug driving charge under the RSA. It is also an offence to supervise a learner driver while under the influence of drugs.
Roadside Testing
The Victorian government has significantly bolstered its efforts to decrease drug driving and has significantly increased the number of devices to be used for roadside drug testing. Drug testing units detect the presence of illegal substances, including methamphetamine (ice), cannabis, ecstasy, speed, and certain prescription drugs.
Police are empowered to request a sample of saliva under section 55 of the RSA if they suspect that a driver is under the influence of an illicit drug, or a legal drug that impairs their ability to properly control the vehicle. If the driver refuses a roadside saliva test, they may be charged under section 55D of the RSA.
If a driver is unable to provide a saliva sample or if the testing unit is not in working order, the police may require the driver to provide a blood sample under section 55E(13).
Penalties – for drug driving
Due to the dangers posed to the safety of other road users and the general public, courts take a firm stance against drug driving. The penalties for failing a roadside saliva test, may include a suspension of licence, a cancellation of licence, the recording of a conviction. Driving while impaired by a drug can result in the cancellation of drivers licence for up to 2 years and up to 18 months imprisonment. Penalties are much harsher for drivers who refuse to give a saliva or blood sample, and it does not prevent police from making a charge which a court may uphold, despite the lack of physical evidence.
Failing a roadside saliva test
| Offence | Penalties |
| First offence, receiving an infringement notice | Fine (3 penalty units) 3 months suspension of licence |
| First offence, summoned to appear in court | Fine (12 penalty units) Minimum 3 months licence cancellation Potential conviction recorded |
| Second offence | Fine (60 penalty units) Minimum 6 months licence cancellation Potential conviction recorded |
| More than two offences | Fine (120 penalty units) Minimum 6 months licence cancellation Potential conviction recorded |
Driving while impaired by a drug
| Offence | Penalties |
| First offence | Immediate licence suspension. Fine (12 penalty units) Minimum 12 months licence cancellation Potential conviction recorded |
| Second offence | Immediate licence suspension. Fine (120 penalty units), or 12 months imprisonment Minimum 2 years licence cancellation Potential conviction recorded |
| More than two offences | Immediate licence suspension. Fine (180 penalty units), or 18 months imprisonment Minimum 2 years licence cancellation Potential conviction recorded |
What if I’m charged with drug driving?
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