Drug Driving Offences VIC

When the police randomly stops a driver on the road and observes that the driver has red, bloodshot or glassy eyes, slurred speech or impaired coordination but does not have any smell of alcohol on his breath, the police may still request the driver to take a breath analyser test. A negative reading for alcohol does not mean that the driver may go on his merry way.

The police is empowered to require the driver to submit a saliva or blood sample for drug testing and hold him until the results for the drug test are available. If the drug test on the blood or saliva sample is positive for prescription, regulated or prohibited drugs, the driver may be charged with drug driving or driving while under the influence of drugs.

The first drug driving offense will be dealt with by a traffic infringement notice and penalised with a fine, a conviction and suspension of the driver’s license for a period of three months. Subsequent drug driving offenses will be dealt with as an indictable offense which must be heard in court. Penalties include a fine, cancellation of the driver’s license, and recording of the conviction.

The drug driving charge will not stop the police from filing possession of drugs if drugs were found on your person or in the car at the time of the apprehension for drug driving.