Offence

Begin Search
ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


Email your enquiry Make an appointment
03 9670 5111
Driving - Drink Driving Offences - VIC
Welcome to the VIC Drive while impaired by drugs (drug driving) article page. Everything you need to know about Drive while impaired by drugs (drug driving) according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Drive while impaired by drugs (drug driving)
According to VIC Law for the charge of Drive while impaired by drugs (drug driving),

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

(ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug;

The Maximum Penalty - Drive while impaired by drugs (drug driving)
According to VIC Law for the charge of Drive while impaired by drugs (drug driving),

First offence: 12 penalty units

Second offence: 12 months / 120 penalty units

Subsequent offence: 18 months / 180 penalty units

Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

What the Police must prove according to VIC Law for Drive while impaired by drugs (drug driving)

(a) The accused was driving or in charge of the motor vehicle.

(b) The accused was impaired by a drug.

Possible Defences under VIC Law - Drive while impaired by drugs (drug driving)

(a) Factual dispute.

(b) The drug was a permissible non-prescription or prescription drug and the person did not know and could not reasonably have known that the use and/or combination of permissible drugs would impair driving.

(c) The drug analysing instrument used was not in proper working order or not properly operated.

In VIC which court will hear the matter - Drive while impaired by drugs (drug driving)

Magistrates' Court.

STREET NAMES

Driving impaired, driving under influence of drugs, drug driving

Note: If found not guilty of this offence, it is possible to be found guilty driving or being in charge of a motor vehicle while having the prescribed concentration of drugs or more present in blood or oral fluid (1(bb)).

Also see - Drive while impaired by drugs

nullnull