Drug driving. It will cost you.
If you are caught drug driving at a minimum you will face:
- Loss of licence for 6 months
- A fine of $577
- You will need to complete a Drug Driver Program in the first three months of your suspension period or your licence/learner permit will be cancelled.
Find out more about drug driving penalties
The penalties for drug driving
You can be given a penalty for:
- failing a roadside drug test
- driving while impaired by a drug
- refusing to undertake a roadside drug test and/or impairment test by Victoria Police.
The minimum penalties for drug driving are:
- Loss of licence for 6 months
- A fine of $577
- A requirement to complete a behaviour change program in order to become relicensed. The program includes screening and assessment for drug problems and referral to treatment services as required.
The penalties will increase if you are caught more than once, or if other offences are detected. You could lose your licence for up to a year and face thousands of dollars in fines. Victoria Police also have the power to impound your vehicle for some offences. Find out more about vehicle impoundment on the VicRoads website.
You can read more about penalties on the VicRoads website
Are there additional penalties if I am also caught drink driving?
A combined drink and drug-driving offence has higher penalties than an individual drink-driving or drug-driving offence.
You can be charged with combined drink & drug-driving whether the offence was detected at the roadside (through a saliva screening test) or later through a blood or urine sample.
Find out more about the penalties on the VicRoads website.
What drugs are detected in roadside drug tests?
- THC (Delta-9 tetrahydrocannabinol), the active component in cannabis
- Methamphetamine, which is found in drugs such as ’speed’, ’base’, ‘ice’, and ‘crystal meth’
- MDMA, which is known as ecstasy.
What about drugs that aren’t detected by the roadside test?
If Victoria Police believe that you are driving while impaired they may ask you to complete a Standard Impairment Test. You may then be asked undertake a blood test which will detect any substances that you have used. There is a separate charge for driving while impaired and it also carries severe penalties.
How do random roadside drug tests work?
Victoria Police have the right to pull drivers over at any time and test their saliva for traces of illicit drugs including THC - the active component in cannabis, methamphetamines and ecstasy. You can be tested by any Victoria Police officers including motorcycle, highway patrol and unmarked vehicles.
Drivers are asked to provide a saliva sample by placing a small absorbent pad on their tongue for a few seconds.
The procedure for random roadside drug testing is:
- drivers are asked to provide a saliva sample by placing a small absorbent pad on their tongue for a few seconds
- the sample is analysed at the roadside, this takes about 3 minutes
- drivers with a positive result are asked to undertake a further test
- if this test is also positive, the sample is sent to a laboratory for confirmation
- the results of this lab test form the basis for charging the driver.
Any driver may be asked to take a saliva test at any time. The saliva tests do not detect prescription drugs or common medications such as cold and flu tablets.
How long after using an illicit drug will it take for me to provide a negative result?
It’s hard to know for sure how long drugs will remain in your system, it will vary from person to person and will depend on how much and which drug you have consumed. This is why if you have taken drugs you should not drive.
The tests work to detect drugs in saliva for several hours after use.
While you may no longer feel the effect of the drug, or feel impaired, the drug may still be present in your system. For example, if you take an illicit drug you could feel the high for a few hours, and then ‘come down’ quite some time later and feel drowsy. This is a side-effect of the drugs leaving your system after the high, and your driving ability will still be impaired.
Why isn't the law built around people being impaired by drugs rather than drugs still being in a person's system?
It is an offence to drive under the influence of an illicit drug or to drive while impaired by any drug, whether it is legal or illicit. A positive result for an oral fluid test indicates that there has been recent drug use. Drug concentrations can only be determined through a blood sample.
In countries such as Canada where they can detect concentration levels the testing is a lot more invasive and has to be done through a blood sample. By using oral fluid testing Victoria Police is able to detect recent illicit drug use in a quick (<5min) and non-invasive way.
There are two types of charges for drug use while driving, these are:
- Exceed PCD (oral fluid).This offence is when the oral fluid sample of a driver simply contains this illicit substance. This results in 6-month suspension for a first offence.
- Driving while impaired by drugs (Impairment assessment and blood sample) Certificate of Drug effect by approved expert. 12 months disqualification of licence.
What about prescription medication?
It’s worth remembering that prescription drugs can be dangerous too. If you’re on medication and not sure if your driving will be affected, check with your doctor or pharmacist. Victoria’s new SafeScript service is also available for people concerned about their use of prescription medicines.
Find out more information on prescription medication and driving
- Funding has been increased for roadside drug testing to allow Victoria Police to conduct up to 150,000 tests per year.
- After a successful trial one person Victoria Police stations can now conduct drug tests. Prior to the trial, drug testing was done predominately by specialist units, including state and local highway patrol units, the Heavy Vehicle Unit, and the Road Policing Drug and Alcohol Section (RPDAS). More Victoria Police officers in more locations are now able to conduct roadside drug tests.
- Findings from the Monash University Accident Research Centre show the expansion in roadside drug testing in Victoria has saved more than 30 lives and almost 80 serious injuries on the state’s roads every year.
- The report found that maintaining the increase to 100,000 drug tests per annum had prevented more than 33 fatalities and nearly 80 serious injuries each year from 2016-2018.
- The study also highlights the times and days when alcohol, cannabis and methamphetamine are most likely to be present in drivers who are involved in crashes, and a breakdown of the levels of drugs and alcohol detected.
- Drink and drug driving are among the most significant factors in deaths and serious injuries on Victorian roads. In the past five years, 18 per cent of drivers and motorcyclists killed in Victoria had illegal blood alcohol levels, and 41 per cent had drugs, both legal and illegal, in their system.
The penalties for drug driving
You can be given a penalty for:
- failing a roadside drug test
- driving while impaired by a drug
- refusing to undertake a roadside drug test and/or impairment test by Victoria Police.
The minimum penalties for drug driving are:
- Loss of licence for 6 months
- A fine of $577
- A requirement to complete a behaviour change program in order to become relicensed. The program includes screening and assessment for drug problems and referral to treatment services as required.
The penalties will increase if you are caught more than once, or if other offences are detected. You could lose your licence for up to a year and face thousands of dollars in fines. Victoria Police also have the power to impound your vehicle for some offences. Find out more about vehicle impoundment on the VicRoads website.
You can read more about penalties on the VicRoads website
Are there additional penalties if I am also caught drink driving?
A combined drink and drug-driving offence has higher penalties than an individual drink-driving or drug-driving offence.
You can be charged with combined drink & drug-driving whether the offence was detected at the roadside (through a saliva screening test) or later through a blood or urine sample.
Find out more about the penalties on the VicRoads website.
What drugs are detected in roadside drug tests?
- THC (Delta-9 tetrahydrocannabinol), the active component in cannabis
- Methamphetamine, which is found in drugs such as ’speed’, ’base’, ‘ice’, and ‘crystal meth’
- MDMA, which is known as ecstasy.
What about drugs that aren’t detected by the roadside test?
If Victoria Police believe that you are driving while impaired they may ask you to complete a Standard Impairment Test. You may then be asked undertake a blood test which will detect any substances that you have used. There is a separate charge for driving while impaired and it also carries severe penalties.
How do random roadside drug tests work?
Victoria Police have the right to pull drivers over at any time and test their saliva for traces of illicit drugs including THC - the active component in cannabis, methamphetamines and ecstasy. You can be tested by any Victoria Police officers including motorcycle, highway patrol and unmarked vehicles.
Drivers are asked to provide a saliva sample by placing a small absorbent pad on their tongue for a few seconds.
The procedure for random roadside drug testing is:
- drivers are asked to provide a saliva sample by placing a small absorbent pad on their tongue for a few seconds
- the sample is analysed at the roadside, this takes about 3 minutes
- drivers with a positive result are asked to undertake a further test
- if this test is also positive, the sample is sent to a laboratory for confirmation
- the results of this lab test form the basis for charging the driver.
Any driver may be asked to take a saliva test at any time. The saliva tests do not detect prescription drugs or common medications such as cold and flu tablets.
How long after using an illicit drug will it take for me to provide a negative result?
It’s hard to know for sure how long drugs will remain in your system, it will vary from person to person and will depend on how much and which drug you have consumed. This is why if you have taken drugs you should not drive.
The tests work to detect drugs in saliva for several hours after use.
While you may no longer feel the effect of the drug, or feel impaired, the drug may still be present in your system. For example, if you take an illicit drug you could feel the high for a few hours, and then ‘come down’ quite some time later and feel drowsy. This is a side-effect of the drugs leaving your system after the high, and your driving ability will still be impaired.
Why isn't the law built around people being impaired by drugs rather than drugs still being in a person's system?
It is an offence to drive under the influence of an illicit drug or to drive while impaired by any drug, whether it is legal or illicit. A positive result for an oral fluid test indicates that there has been recent drug use. Drug concentrations can only be determined through a blood sample.
In countries such as Canada where they can detect concentration levels the testing is a lot more invasive and has to be done through a blood sample. By using oral fluid testing Victoria Police is able to detect recent illicit drug use in a quick (<5min) and non-invasive way.
There are two types of charges for drug use while driving, these are:
- Exceed PCD (oral fluid).This offence is when the oral fluid sample of a driver simply contains this illicit substance. This results in 6-month suspension for a first offence.
- Driving while impaired by drugs (Impairment assessment and blood sample) Certificate of Drug effect by approved expert. 12 months disqualification of licence.
What about prescription medication?
It’s worth remembering that prescription drugs can be dangerous too. If you’re on medication and not sure if your driving will be affected, check with your doctor or pharmacist. Victoria’s new SafeScript service is also available for people concerned about their use of prescription medicines.
Find out more information on prescription medication and driving
- Funding has been increased for roadside drug testing to allow Victoria Police to conduct up to 150,000 tests per year.
- After a successful trial one person Victoria Police stations can now conduct drug tests. Prior to the trial, drug testing was done predominately by specialist units, including state and local highway patrol units, the Heavy Vehicle Unit, and the Road Policing Drug and Alcohol Section (RPDAS). More Victoria Police officers in more locations are now able to conduct roadside drug tests.
- Findings from the Monash University Accident Research Centre show the expansion in roadside drug testing in Victoria has saved more than 30 lives and almost 80 serious injuries on the state’s roads every year.
- The report found that maintaining the increase to 100,000 drug tests per annum had prevented more than 33 fatalities and nearly 80 serious injuries each year from 2016-2018.
- The study also highlights the times and days when alcohol, cannabis and methamphetamine are most likely to be present in drivers who are involved in crashes, and a breakdown of the levels of drugs and alcohol detected.
- Drink and drug driving are among the most significant factors in deaths and serious injuries on Victorian roads. In the past five years, 18 per cent of drivers and motorcyclists killed in Victoria had illegal blood alcohol levels, and 41 per cent had drugs, both legal and illegal, in their system.