Drug driving penalties
It's illegal to drive, attempt to drive or supervise a learner while affected by drugs. You cannot drive while impaired by any drug.
These laws apply if you are on a private or public road.
Drivers face harsh penalties if they are caught driving with drugs in their system. You will:
- lose your licence,
- need to complete a compulsory behaviour change program (BCP), and
- when you get your licence back if it was cancelled or disqualified, you must have a zero-blood alcohol concentration whenever you drive (z-condition) for usually three years.
You can be given a penalty for:
- failing a roadside drug test
- driving while impaired by a drug
- refusing to take a roadside drug test and/or impairment test by Victoria Police.
Harsher penalties apply for combined drink and drug driving offences.
Licence loss
Anybody caught drug driving will have their licence or learner permit suspended or cancelled for at least six months and must complete a BCP.
For a drug driving first offence only, your licence may be suspended if you complete a BCP within three months. If you don’t complete a BCP in this time, your suspended licence will be cancelled.
You’ll receive a letter from us about your licence suspension or cancellation and your BCP requirement.
Complete a behaviour change program
The behaviour change program is now a requirement for anyone who has committed either a drink, drug or combined drink and drug driving offence or any other serious motor vehicle offence involving alcohol and/or drugs.
Roadside drug testing
Victoria Police conduct random roadside drug testing throughout Victoria.
Testing requires the driver to provide a small sample of saliva for testing. If drugs are detected, a laboratory test is done. More than one type of drug can be detected in a test. A confirmed positive laboratory test will result in a drug driving charge.
It's an offence to not:
- stop at a random drug testing station
- provide a saliva or blood sample
- cooperate with police who are trying to carry out a saliva, blood or urine test or
- cooperate to take part in a drug impairment assessment.
Failing a roadside drug test
If you fail a roadside drug test you may face penalties. After 30 April 2018, there are different penalties depending on whether it’s only your first offence or if you’ve been caught before.
Visit the Victoria Police website for information about the drug driving infringement process.
The table below explains the different penalties when caught with illicit drugs in your system.
| Offence | Penalties |
|---|---|
| First drug driving offence and you received a traffic infringement notice | You will:
|
| First drug driving offence and you're required to go to court | You will:
The court may also record a conviction. |
| Second drug driving offence | You will go to court and will:
The court may also record a conviction. |
| More than two drug driving offences | You will go to court and will:
The court may also record a conviction. |
Driving while impaired by drugs
If police stop you, they can do a preliminary assessment of physical factors such as your behaviour, balance and coordination. If this assessment suggests you may be impaired by an illicit drug, you’ll need to give blood and/or urine samples.
You’ll be given a penalty if you’re found guilty of driving while impaired. There are different penalties depending on whether it’s your first offence or if you have any prior drug offences.
The table below explains the different penalties that may apply when caught with drugs in your system.
| Offence | Penalties |
|---|---|
| First drug driving offence | You will go to court and:
The court may also record a conviction. |
| Second drug driving offence | You will go to court and:
The court may also record a conviction. |
| More than two drug driving offences | You will go to court and will:
The court may also record a conviction. |
What else can happen?
Immediate licence suspension
The police have the power to immediately suspend your driver licence and/or learner permit if they charge you with certain drink and/or drug-driving offences. This suspension lasts until your charges have been decided in court.
Immediate disqualifications for non-Victorians
In certain circumstances, a person who:
- holds a non-Victorian licence or permit or is unlicensed and
- is charged with certain drink and/or drug-driving offences
may be immediately disqualified from obtaining a driver licence or learner permit in Victoria.
The disqualification will last until the charge is determined by a court.
The laws in detail
The laws regarding driving with alcohol and drugs are published in the Road Safety Act 1986:
- Part 5 - offences involving alcohol or other drugs.