What Penalties Apply for Drug Driving?

If you are asking, “What penalties apply for drug driving?”, the answer depends on the type of drug driving offence, whether it is your first offence, your traffic history and the circumstances of your case. 

Drug driving offences in Victoria can result in a criminal conviction, substantial fines, licence suspension or cancellation, mandatory education programs and, in more serious cases, imprisonment. Many offences also carry mandatory licence consequences that apply regardless of your personal circumstances.

Because the penalties vary depending on the offence, it is important to obtain legal advice before deciding how to deal with your case.

What penalties can the court impose?

The Magistrates’ Court has a range of sentencing options available for drug driving offences.

Depending on the offence and your individual circumstances, the court may impose:

• an adjourned undertaking;

• a fine;

• a Community Correction Order in appropriate cases; or

• imprisonment for more serious offending.

The appropriate sentence will depend on the seriousness of the offending and your personal circumstances.

Will I lose my licence?

In many cases, yes.

Most drug driving offences carry mandatory licence suspension or cancellation periods. For many first offences involving the presence of a prescribed illicit drug, drivers will lose their licence for at least six months. More serious offences, such as driving while impaired by drugs or refusing a drug test, attract longer mandatory periods.

Whether you receive an immediate suspension from police or a cancellation following a finding of guilt depends on the particular offence.

Will I get a criminal record?

You may.

Drug driving offences are criminal offences and may result in a criminal conviction.

Whether a conviction is recorded depends on factors including:

• the nature of the offence;

• your prior criminal and traffic history;

• your personal circumstances;

• your rehabilitation; and

• the sentence imposed by the court.

An experienced lawyer can advise you about the likely outcome in your particular case.

Will I have to complete a Behaviour Change Program?

All drivers who lose their licence for a drug driving offence must complete a Behaviour Change Program before they can regain their licence.

Can I go to jail?

Yes, although imprisonment is generally reserved for the most serious cases or repeat offenders.

A term of imprisonment may be considered where there are aggravating circumstances, including:

• repeat offending;

• driving while significantly impaired;

• refusing to comply with lawful police requirements;

• dangerous driving causing injury; or

• multiple offences arising from the same incident.

For many first-time presence offences, imprisonment is uncommon.

Does it matter whether I was impaired?

Yes.

Victorian law distinguishes between different drug driving offences.

For example, driving with the presence of a prescribed illicit drug in your system is treated differently from driving while impaired by a drug. Driving while impaired is generally regarded as the more serious offence and carries more severe penalties.

What if I have a prescription for medicinal cannabis?

Drivers who lawfully use prescribed medicinal cannabis should obtain legal advice if they are charged with drug driving.

There are limited statutory exceptions that may allow a court not to impose a mandatory licence disqualification where the offence relates solely to the presence of THC from lawfully prescribed medicinal cannabis and the legislative requirements are satisfied. These exceptions are narrowly defined and do not apply in every case.

Can I contest the charge?

Yes.

Not every drug driving charge should result in a guilty plea.

A lawyer can assess whether:

• the roadside testing procedures were lawfully followed;

• the laboratory analysis complied with the legislation;

• the prosecution can prove every element of the offence; and

• any legal defences are available.

Every matter should be reviewed individually before deciding how to proceed.

Speak to an experienced drug driving lawyer

Drug driving penalties can have lasting consequences for your licence, employment and future. Obtaining legal advice early can help you understand the likely penalties, identify any available defences and prepare your matter for court.

At Wilkinson Lawyers, we regularly represent clients charged with drug driving offences throughout Victoria. We can explain the penalties that apply to your particular case, advise you about your options and work towards achieving the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.