Drug Driving Charges in Victoria
Many drivers are surprised to find themselves charged with drug driving long after they last used a substance and no longer feel affected by it. Yet the consequences can be just as serious as those for drunk driving, and where impairment or possession is alleged, a matter can also cross into drug offences.
At Marco Man & Associates, we help Victorian drivers make sense of the charge they are facing and the options open to them.
What Is a Drug Driving Offence?
A drug driving offence occurs when a person drives with a prescribed illicit drug present in their system, or while impaired by a drug. In Victoria, police conduct roadside oral fluid tests that screen for substances such as cannabis, methamphetamine and MDMA. Unlike alcohol, these offences generally do not depend on a measured level. The mere presence of a prescribed drug can be enough to result in a charge.
A positive roadside drug test is usually confirmed by a further sample, which may be sent for laboratory analysis. Because a substance can remain detectable for some time after use, drivers are sometimes charged when they no longer feel affected, which can come as a genuine surprise.
What Penalties Can Apply to a Drug Driving Charge?
The consequences of a drug driving offence in Victoria can be serious and often mirror those for drunk driving. The outcome depends on the substance detected, whether it is a first or repeat offence, and whether impairment was involved. Possible consequences include:
- Licence loss or cancellation, which is a common outcome even for a first offence.
- Fines that increase with repeat offending.
- Mandatory completion of a behaviour change program before your licence is returned.
- A criminal record in more serious matters, particularly where impairment is alleged.
- Imprisonment in the most serious or repeat cases.
Losing your licence can have a real impact on work, family and daily life, so it is important to understand what you are facing and what can be done about it.
How Our Lawyers Assist With Drug Driving Matters
Our Melbourne drug driving lawyers guide you through the process with clear and honest advice. We start by understanding your circumstances, then review the evidence and explain the realistic options open to you.
We can assess how the roadside and confirmatory tests were carried out and whether proper procedures were followed, advise on whether to contest the charge or enter a plea, prepare supporting material that reflects your circumstances, and appear on your behalf in the Magistrates’ Court of Victoria. Drug driving is one of the many traffic matters we handle, and where you are eligible we can also help with Victoria Legal Aid applications.
Common Situations Our Clients Face
Drug driving charges affect a wide range of people, and the circumstances are often not straightforward. Clients frequently come to us after:
- A positive roadside test when they believed the substance had long left their system.
- A first charge with no prior traffic or criminal history.
- Concern about how a confirmatory test was handled or whether the result is reliable.
- A repeat matter where a longer period of licence loss is likely.
- Worry about how a charge might affect their job, licence or travel plans.
Whatever led you here, we will take the time to understand your side of the story and help you move forward.
Talk to a Drug Driving Lawyer Today
If you have been charged with a drug driving offence, getting advice early can protect your position and your licence. Contact Marco Man & Associates for a free, confidential consultation with one of our experienced Melbourne lawyers. We will explain where you stand and what to do next, clearly and without judgment.