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Exceed Prescribed Concentration of Drugs

The offence of exceeding prescribed concentration of drugs is heard in the Magistrates Court.

There is a maximum penalty of 12 penalty units for anyone found guilty of exceeding prescribed concentration of drugs as a first offence; 60 penalty units for a second offence and 120 penalty units for a subsequent offence. A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

From 30 April 2018, if you are caught testing positive to traces of illegal drugs then your licence will be disqualified for 6 months and you must attend a drug driver behaviour change program.

New regulations that came into effect from 31 January 2018 also mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

This charge is generally laid in situations where a person drives or is in control of a motor vehicle and within 3 hours of that driving or being in control of the vehicle the person provides a sample of oral fluid which presents a prescribed illicit drug once it is analysed.

In essence to prove this charge the Police must show that the accused drove or was in control of a motor vehicle, that the accused within 3 hours of that driving or being in control provided a sample of oral fluid, the analysis of which showed that a prescribed illicit drug was present. The presence of the drug was not due solely to the consumption or use of a drug after the driving or being in charge of the motor vehicle.

Defences to this can be a factual dispute, the devise used to detect the drug was not used in proper working order or not properly operated or the result of the analysis was not correct.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 49(1)(h) of the Road Safety Act 1986.


Further information on Exceed prescribed concentration of drugs

Possible Defences

In a case of Exceed prescribed concentration of drugs, the following defences may be applicable to the charge:

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Faulty equipment/contamination
  • Procedural non-compliance (blood sample not taken in compliance with statutory procedure)
  • Charges are Statute Barred


What penalties can be imposed for a charge of Exceed prescribed concentration of drugs?

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment


What is the legislation for the charge of Exceed prescribed concentration of drugs?

The legislation for this offence can be found on section 49(1)(h) of Road Safety Act 1986.

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Further Info

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Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Exceed Prescribed Concentration of Drugs, Shaun Pascoe.