Drug Driving First Offences in Victoria
Being caught drug driving in Victoria, even for the first time, can have serious legal consequences. Penalties can include fines, licence suspension, mandatory Behaviour Change Programs (BCP), and potentially a criminal record. Acting promptly and understanding your rights can significantly impact the outcome of your case.
At Slades & Parsons, we help clients navigate the legal system, understand penalties, and protect their rights when facing a first drug driving offence.
Call us today to speak with an experienced lawyer and get advice tailored to your situation.
What is a First Drug Driving Offence?
A first drug driving offence occurs when a driver is caught driving with illicit drugs or above the prescribed legal limits in oral fluid or blood.
This includes:
- Driving under the influence of illegal substances
- Driving with a drug concentration above the legal limit
- Driving while impaired by prescription medication
- Combining drugs with alcohol above legal limits
Even first-time offences can have serious legal, financial, and personal consequences.
What is a First Drug Driving Offence?
A first drug driving offence occurs when a driver is caught driving with illicit drugs or above the prescribed legal limits in oral fluid or blood.
This includes:
- Driving under the influence of illegal substances
- Driving with a drug concentration above the legal limit
- Driving while impaired by prescription medication
- Combining drugs with alcohol above legal limits
Even first-time offences can have serious legal, financial, and personal consequences.
What to Do if You’re Caught Drug Driving
Roadside Testing
Victoria Police may perform a random saliva test. Failing or refusing the test is an offence and may lead to further consequences.
Field Interview
Police may conduct a field interview at the roadside. Be aware: anything you say may be used as evidence. Always seek legal advice before providing statements.
Infringement Notices and Court Proceedings
- Minor offences may be addressed via an infringement notice
- More serious offences require court attendance
- Early legal representation can negotiate reduced penalties or alternative outcomes
Evidence Review
Our lawyers check the drug testing procedure, device calibration, and timing to identify any procedural errors.
Negotiation or Court Representation
Depending on the case, we can:
- Negotiate with prosecutors for reduced charges
- Represent clients in court to achieve the best possible outcome
Outcome and Compliance
Outcomes may include fines, licence suspension, BCP completion, or dismissal in rare cases. Completing the BCP on time is critical to avoid further licence issues.
Detailed Offence Categories under Road Safety Act 1986 (Vic) S49
| Offence | Maximum Penalty | Licence Loss |
| S49(1)(a) – Driving Under Influence | 25 penalty units / 3 months imprisonment | Up to 2 years |
| S49(1)(ba) – Driving While Impaired | 12 penalty units | 12 months |
| S49(1)(bb) – Exceed Prescribed Drug Concentration | 12 penalty units | 6 months |
| S49(1)(bc) – Drugs + Alcohol | 30 penalty units | Depends on BAC |
| S49(1)(h) – Oral Fluid Sample | 12 penalty units | 6 months |
| S49(1)(i) – Blood Sample | 12 penalty units | 6 months |
| S49(1)(j) – Drug + Alcohol Blood | 30 penalty units | Depends on BAC |
Courts have discretion to record a conviction or not, depending on circumstances, driving history, and the impact of the offence.
How Slades & Parsons Can Help First-Time Offenders
There may be technical defences available if police did not follow proper procedures for taking oral or blood samples, as outlined in the police manual. If such defences exist, we will advance them to the prosecution on your behalf.
Plea and Court Representation
If no defences are available, we guide you through the best approach to minimise penalties. This may involve:
- Advising on paying the infringement notice
- Preparing and presenting a plea of guilty with submissions to the Court to reduce licence disqualification and potentially avoid a criminal record
Demonstrating Good Character and Rehabilitation
Courts often respond positively when an offender demonstrates:
- Good character
- Support from family and friends
- Commitment to rehabilitation
Slades & Parsons can help you present these factors effectively, including:
- Gathering character reference material
- Writing a sincere letter of remorse
- Enrolling in a Road Trauma Awareness Program or engaging in drug rehabilitation
By leveraging these strategies, we aim to achieve the best possible outcome for first-time offenders while protecting your rights and licence.
Don’t risk your licence or future, contact Slades & Parsons today.
Our experienced drug driving lawyers will review your case, explain your options, and help you achieve the best possible outcome. Call now to speak with a specialist.
FAQs
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A first offence occurs when you are caught driving with illicit drugs in your system or exceeding the prescribed drug concentration for the first time.
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Penalties can include fines, licence suspension (usually 6–12 months), and mandatory completion of a Behaviour Change Program (BCP). A criminal record may also be recorded depending on the circumstances.
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Refusing a test is an offence and often results in heavier penalties than failing. Always seek legal advice before responding to the police.
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Detection times vary by drug, dosage, and metabolism. Saliva and blood tests are usually accurate within a few hours of driving.
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Yes. With an experienced lawyer, you may be able to challenge a drug driving offence by reviewing testing procedures, identifying procedural errors, and exploring technical defences.
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Yes. Even legal prescription medications can impair driving. Always check if your medication affects your ability to drive and follow medical advice.
Chat To Our Team of Experts
Melbourne Office
Level 1,
224 Queen St,
Melbourne,
Victoria, 3000