Drug Driving Victoria Offences

It is an offence to take drugs (including many legal drugs) and drive a motor vehicle in Victoria.

There are three offence types:

  • driving or being in charge or a motor vehicle while under the influence of alcohol or any drug to such an extent as to be incapable of having proper control of the motor vehicle (s.49(1)(a) Road Safety Act 1986),
  • driving or being in charge of a motor vehicle while impaired by any type of drug (s.49(1)(ba) Road Safety Act),
  • driving or being in charge of a motor vehicle when your saliva or blood contains any trace of illicit drugs.(s.49(1)(bb), 49(1)(h) & 49(1)(i) Road Safety Act), 

Driving While Impaired by a Drug s 49(1)(ba)

This drug driving Victoria offence can be determined by a police officer on the roadside even if returning a negative breath test. If the officer believes the person to be impaired, either by performing certain cohesion or coordination tasks, they have the power to request a blood or urine sample.

If this returns a positive reading for a “drug” which may even include prescription drugs, to the extent that the officer believes it is “impairing” the individual, you will be charged with this offence under s 49(1)(ba).

Driving with Illicit Drugs in the Saliva or Blood s 49(1)(bb), (1)(h) & (1)(i)

The types of drugs that are currently prescribed as illicit under this section are methylamphetamine (meth, ampetamines, or ice) and delta-9-tetrahydrocannabinol (cannabis).

Any trace of these drugs in a person’s system constitutes an offence against this provision.

The saliva test can be performed at random drug testing stations in the same manner that booze buses currently conduct preliminary breath tests, except a saliva swab is taken and analysed on the spot rather than a sample of breath. A blood analysis can be performed on any blood sample that the person is obliged to give under any provisions of the Act.

Note it is also within police power to request a swab or blood sample at a hospital, following a motor vehicle accident.


Caught Drug Driving Victoria? Call Drink Driving Defence Melbourne Today.

CALL 1300 DDD NOW (1300 333 669)