– section 49 of the Road Safety Act 1986

Examples of Drive While Impaired By Drugs

• Driving a car after taking illegal drugs
• Being stopped by the Police for a drug test and refusing to take the test

What are some of the possible defences to a Drive While Impaired By Drugs charge?

• 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

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

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 as a first offence. As well as a license disqualification of at least 3 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.

The offence of driving while impaired by drugs is a charge regularly heard in the Magistrates’ Court.

“Did you take drugs and drive?”

What is the legal definition of Drive While Impaired By Drugs?

Driving while under the influence of an illicit drug.

The Law

The section that covers this offence is section 49 of the Road Safety Act 1986.¹

Other Important Resources

• Drink Driving Lawyers: Driving While Impaired By Drugs
• VicRoads: Drug driving penalties
• FindLaw: Driving While Impaired By Drugs (Drug Driving)
• The role of drugs in road safety

Case Studies

• Drug Charges, Weapons Offences, and Traffic Violations
• Avoiding Community Corrections Order for Drive While Impaired By Drugs
• Drive while impaired by drugs – Good Behaviour Bond
• Possess Drug of Dependence and Other Charges – Good Behaviour Bond