The offence of refusing a drug test drug driving is the sort of charge regularly heard in the Magistrates’ Court.

There is a maximum penalty of 12 penalty units for anyone found guilty of refusing a drug test drug driving as a first offence; 120 penalty units or a 12 month imprisonment for a second offence; and 180 penalty units or 18 months imprisonment for a subsequent offence.

A licence disqualification will also be imposed for at least 2 years for first offences.

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

This charge is generally laid in situations where a person refuses to undergo an assessment of drug impairment when required to do so or refuses to comply with any other requirement made under section 55A(1).

In essence to prove this charge the Police must show that the accused refused to undergo an assessment of drug impairment when required to do so or refused to comply with any other requirement made under the section.

Defences to this can be a factual dispute or that when the person was asked to undergo an assessment of drug impairment, more than 3 hours had passed since the person last drove, was an occupant of or was in charge of a motor vehicle.

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)(ca) of the Road Safety Act 1986.

Further information on Refuse drug test (drug driving)

Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Refuse Drug Test – Drug Driving.