What counts as a first drug driving offence?

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.

What are the penalties for a first drug driving offence in Victoria?

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.

Can I refuse a roadside drug test?

Refusing a test is an offence and often results in heavier penalties than failing. Always seek legal advice before responding to the police.

How long do drugs stay detectable for a driving test?

Detection times vary by drug, dosage, and metabolism. Saliva and blood tests are usually accurate within a few hours of driving.

Can I challenge a first offence or beat a drug driving charge in Victoria?

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.

Can prescription medications lead to a drug driving offence?

Yes. Even legal prescription medications can impair driving. Always check if your medication affects your ability to drive and follow medical advice.

Drug Driving First Offence Victoria

Jump to: What Is a First Drug Driving Offence? | Penalties | Laws | How We Help | Frequently Asked Questions

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.

Penalties for First-Time Offenders

Penalties vary depending on the offence type, licence class, and whether alcohol is also involved. Typical penalties include:

Licence suspension: usually 6–12 months
Fines: varying penalty units based on the offence
Mandatory Behaviour Change Program (BCP): must be completed within 3 months
Criminal record: may apply in certain cases

Completing the BCP and obtaining early legal advice can reduce long-term 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.

Contact Us Today

Let the team at Slades & Parsons help guide you through the legal process for drug driving offences. We’ll be back in touch shortly.

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.

Frequently Asked Questions

What counts as a first drug driving offence?: 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.
What are the penalties for a first drug driving offence in Victoria?: 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.
Can I refuse a roadside drug test?: Refusing a test is an offence and often results in heavier penalties than failing. Always seek legal advice before responding to the police.
How long do drugs stay detectable for a driving test?: Detection times vary by drug, dosage, and metabolism. Saliva and blood tests are usually accurate within a few hours of driving.
Can I challenge a first offence or beat a drug driving charge in Victoria?: 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.
Can prescription medications lead to a drug driving offence?: Yes. Even legal prescription medications can impair driving. Always check if your medication affects your ability to drive and follow medical advice.

Drug Driving First Offences in Victoria