Will I Lose My Licence for Drug Driving?

If you are asking, “Will I lose my licence for drug driving?”, the answer is that you probably will, but it depends on the type of offence, whether it is your first offence, your traffic history and the circumstances of your case. Drug driving offences in Victoria often carry mandatory licence consequences, and many drivers will have their licence suspended immediately by police or cancelled following a finding of guilt.

Because the law is complex and the penalties vary depending on the offence, it is important to obtain legal advice about your individual circumstances as early as possible.

Will I lose my licence if it is my first offence?

Possibly.

Many first-time drug driving offenders will lose their licence, although the outcome depends on:

• the offence charged;

• the type of substance detected (there are limited exceptions for lawfully prescribed medicinal cannabis);

• your prior driving history; and

• the applicable Victorian legislation.

Even where it is your first offence, licence consequences can still be significant.

What if I am prescribed medicinal cannabis?

There are limited exceptions to the mandatory licence disqualification rules for drivers who test positive to lawfully prescribed medicinal cannabis containing THC. 

In appropriate cases, the court may have a discretion not to impose a licence disqualification if the offence relates solely to the presence of THC resulting from prescribed medicinal cannabis and the legislative requirements are satisfied. These exceptions are narrowly defined and do not apply to every medicinal cannabis patient. 

Whether an exception is available depends on the particular offence, the circumstances of the case and compliance with the relevant provisions of Victorian law. If you have been charged after using prescribed medicinal cannabis, it is important to obtain legal advice to determine whether you may be eligible for the exception.

What if I have previous drug driving offences?

Repeat offending is generally treated more seriously.

If you have previous drug driving convictions, you are more likely to face:

• longer periods of licence cancellation or disqualification;

• higher fines;

• additional licensing requirements before you can drive again; and

• more severe sentencing outcomes.

Your previous traffic history will be an important consideration when your matter is dealt with by the court.

Can the Magistrate let me keep my licence?

That depends on the legislation applying to your offence.

Many drug driving offences carry mandatory licence consequences that cannot be avoided simply because losing your licence will cause hardship.

The court does not have a general discretion to allow you to keep your licence because you need to drive for work, study or family commitments.

Victoria does not have work licences.

What happens after I become eligible to drive again?

Regaining your licence is not always automatic.

Depending on your offence, you may be required to satisfy additional licensing requirements before you can legally drive again.

These may include:

• completing a Behaviour Change Program;

• complying with alcohol or drug interlock requirements where applicable;

• meeting any medical or licensing requirements; and

• applying to be relicensed.

The exact requirements depend on your individual circumstances and the relevant licensing laws.

Can I drive while waiting for court?

That depends on whether your licence has been immediately suspended.

If police have not suspended your licence and you remain lawfully licensed, you may generally continue driving until your court date.

If an immediate suspension has been imposed, you must not drive unless and until you are legally permitted to do so.

If you are unsure about your licence status, you should obtain legal advice before driving.

What happens if I drive while suspended?

Driving while suspended or disqualified is a criminal offence.

If you drive when you are not legally permitted to do so, you may face:

• additional criminal charges;

• further fines;

• longer licence disqualification periods;

• additional court appearances; and

• in more serious cases, imprisonment.

The consequences can be more severe than the original drug driving offence.

Can I contest the drug driving charge?

Yes.

If there is a genuine legal or factual basis to dispute the allegation, you are entitled to contest the charge.

Potential issues may include:

• whether the roadside testing procedures were properly followed;

• whether the laboratory analysis complied with legal requirements;

• whether police acted lawfully; or

• whether the prosecution can prove every element of the offence.

Every case should be reviewed before deciding whether to plead guilty.

Speak to an experienced drug driving lawyer

Losing your licence can affect your employment, family responsibilities and daily life. Understanding the likely licence consequences before your court date can help you make informed decisions about your case.

At Wilkinson Lawyers, we regularly represent clients charged with drug driving offences throughout Victoria. We can explain whether you are likely to lose your licence, advise you about your legal options, and work towards achieving the best possible outcome in your matter.

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