Drive While Impaired By Drugs
SentencingSentencing in the higher courts of Victoria Sentencing in the Magistrates’ Courts of VictoriaPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1
 Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 4, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.
- Driving a car after taking illegal drugs
- Being stopped by the Police for a drug test and refusing to take the test
- You did not take any illegal drugs
- You took other legal medication (i.e. sinus medication) that has shown up as illegal drugs
- There has been an error in the taking of your sample
Questions that are asked in cases like this:
- Were you on any medication at the time?
- Did you take any illegal drugs before driving?
Maximum penalty and court that deals with this charge
There is a maximum penalty of a fine of 12 penalty units for anyone found guilty of drug driving (s49 of the Road Safety Act 1986) as a first offence, including a licence disqualification of at least 12 months.
For a second time offence, the maximum penalty is a 6 month disqualification and up to 12 months imprisonment and/or a fine of 120 penalty units.
For the third or more time offence, the maximum penalty is 18 months imprisonment and/or a fine of 180 penalty units.
New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.
The offence of driving while impaired by drugs is a charge regularly heard in the Magistrates’ Court.
“Did you take drugs and drive?”