What Drugs Can Police Test For?
If you are asking, “What drugs can police test for?”, the answer depends on the type of test being conducted. In Victoria, police routinely conduct roadside oral fluid (saliva) testing for certain prescribed illicit drugs.
If police suspect a driver is impaired or involved in particular incidents, they also have powers to require additional testing, including blood samples in some circumstances.
Many drivers are surprised to learn that roadside drug testing does not detect every drug. Instead, it targets a small number of prescribed illicit drugs that are commonly associated with impaired driving.
What drugs are tested during a roadside drug test?
Victoria Police currently conduct roadside oral fluid testing for the presence of:
cannabis (THC);
methylamphetamine (commonly known as ice or methamphetamine); and
MDMA (ecstasy).
These are the three prescribed illicit drugs that are routinely tested during roadside drug testing operations throughout Victoria.
If one of these drugs is detected during the initial roadside test, a second saliva sample is usually taken for laboratory analysis.
Why aren’t all drugs tested?
Roadside drug testing is designed to detect specific drugs that have been identified by legislation.
The handheld devices used by police are designed to screen for these prescribed illicit drugs rather than every medication or controlled substance that may affect a person’s ability to drive.
The fact that a particular drug is not included in roadside testing does not necessarily mean a driver cannot commit an offence involving that drug.
Can police test for prescription medication?
Not through routine roadside oral fluid testing.
However, if police believe a driver is impaired by prescription medication, they may investigate whether other offences have been committed.
Prescription medications that may affect driving include:
strong pain medication;
sedatives;
sleeping tablets;
anti-anxiety medication;
some antidepressants; and
medicinal cannabis products containing THC.
Drivers are responsible for ensuring they are fit to drive, even when taking medication prescribed by a doctor.
Can police test for cocaine?
Routine roadside oral fluid testing in Victoria does not currently include cocaine.
However, if police suspect drug impairment, they may investigate further and require additional testing where permitted by law.
Different testing methods may detect substances that are not included in routine roadside saliva testing.
What happens if I test positive?
A positive roadside test does not automatically result in a criminal conviction.
If the initial roadside test indicates the presence of a prescribed illicit drug, police will usually:
take a second oral fluid sample;
send that sample to an accredited laboratory for analysis; and
wait for the laboratory results before proceeding with the charge.
The laboratory confirmation is an important part of the process.
Can I refuse a roadside drug test?
Refusing to comply with a lawful requirement to undergo roadside drug testing is a serious offence.
Depending on the circumstances, refusing a test can result in criminal charges and significant licence consequences.
If police lawfully require you to provide an oral fluid sample, you should comply with their directions.
What if I wasn’t impaired?
For many drug driving offences, the prosecution does not need to prove that your driving was impaired.
Instead, they generally only need to prove that one of the prescribed illicit drugs was present in your system while you were driving or in charge of a motor vehicle.
This is why some drivers are charged even though they believed they were completely sober.
Can I challenge the results?
Yes.
Like any criminal charge, a drug driving allegation can be contested where there is a legitimate legal or factual basis.
Issues that may arise include:
whether police followed the required testing procedures;
whether the laboratory testing complied with legal requirements;
whether the prosecution can prove every element of the offence; or
whether there are issues affecting the admissibility or reliability of the evidence.
Every case should be carefully reviewed before deciding whether to plead guilty.
Speak to an experienced drug driving lawyer
If you have been charged with drug driving in Victoria, it is important to obtain legal advice as early as possible. The consequences can include a criminal conviction, licence cancellation and other significant penalties.
At Wilkinson Lawyers, we regularly represent clients charged with drug driving offences throughout Victoria. We can review the evidence, explain your legal options and help you achieve the best possible outcome in your case.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
