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Drug Driving Lawyers Melbourne
Expert Legal Support for Driving Offences
With a history of successful legal representation in Melbourne, you can trust us to guide you on your criminal and traffic matters.
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Facing a Drug Driving Charge in Melbourne? Trust Haitch Legal’s Expert Lawyers
If you’re facing a drug driving charge in Melbourne, the consequences can impact your licence, livelihood and future.
At Haitch Legal, our experienced drug driving lawyers in Melbourne provide personalised, strategic support to navigate these serious charges. With a proven track record in criminal and traffic law, we’re here to protect your rights and achieve the best possible outcome.
Drug driving laws in Victoria are strict, and even a trace of illicit drugs in your system can lead to severe penalties, regardless of impairment. Don’t face this alone—call 03 8590 8370 for a free, no-obligation consultation with our Melbourne drug driving solicitors today.
Drug Driving Offences in Victoria: Know the Law
Under the Road Safety Act 1986 (Vic), it’s illegal to drive with any detectable amount of prescribed illicit drugs (e.g., cannabis, methamphetamine, MDMA) in your system, with zero tolerance applied. Unlike alcohol, there’s no legal limit for these substances.
Common drug driving charges include:
- Driving while impaired by a drug (Road Safety Act 1986, s 49(1)(a)).
- Driving with a prescribed illicit drug in your system (Road Safety Act 1986, s 49(1)(ba)).
- Refusing a drug impairment assessment or saliva test (Road Safety Act 1986, s 49(1)(e)).
- Testing positive for drugs within 3 hours of driving (via saliva or blood test).
- Combined drink and drug driving offences (Road Safety Act 1986, s 49(1)(f)).
Refusing a roadside saliva test can also lead to serious charges, often carrying penalties similar to a positive test. Our Melbourne drug driving lawyers are skilled at identifying defences, such as procedural errors or prescription drug use, to challenge these charges.
Drug Driving Penalties in Victoria: What You Could Face
Victoria enforces some of Australia’s toughest drug driving penalties. Penalties vary based on the offence, whether it’s your first or a repeat charge, and the circumstances of the case. Below are the penalties as outlined in the Road Safety Act 1986 and Sentencing Act 1991 (Vic):
First Offence (Driving with a Prescribed Illicit Drug)
- Fine: Up to 12 penalty units (approximately $2,304 in 2025).
- Licence Suspension: Minimum 6 months cancellation.
- Conviction: May be recorded, depending on the court’s discretion.
- Other: Mandatory behaviour change program.
Second Offence:
- Fine: Up to 60 penalty units (approximately $11,520) or 6 months imprisonment.
Licence Cancellation: Minimum 12 months.
Conviction: Likely recorded.
Subsequent Offences
- Fine: Up to 120 penalty units (approximately $23,040) or 12 months imprisonment.
- Licence Cancellation: Minimum 2 years.
- Conviction: Recorded.
Refusing a Roadside Drug Test
- First Offence: Fine up to 12 penalty units; minimum 6-month licence suspension.
- Second/Subsequent Offence: Fine up to 60 penalty units; minimum 12-month licence cancellation.
Combined Drink and Drug Driving
- Penalties: Up to 120 penalty units or 12 months imprisonment (first offence); harsher for repeats.
- Licence Cancellation: Minimum 2 years.
Unsure about your case? Contact our Melbourne traffic lawyers for drug offences at 03 8590 8370 or visit our contact page for tailored advice.
Why Choose Haitch Legal’s Drug Driving Lawyers in Melbourne?
At Haitch Legal, we understand the stress of a drug driving charge. Our drug driving solicitors in Melbourne offer:
- Expert Case Analysis: We review police procedures, testing accuracy, and potential defences (e.g., prescription medication or procedural errors).
- Court Advocacy: Strong representation in the Magistrates’ Court of Victoria to negotiate or defend your case.
- Personalised Support: Clear, honest advice tailored to your situation.
- Transparent Pricing: No hidden costs, with a free initial consultation.
We’ll guide you through every step, from assessing evidence to exploring options like pleading guilty for a reduced penalty or fighting the charge in court.
Should You Plead Guilty or Not Guilty?
Deciding whether to plead guilty or not guilty depends on the evidence, your driving history, and personal circumstances. A guilty plea may lead to a lighter penalty and lower legal costs, while a not guilty plea could be appropriate if there are procedural errors or valid defences. Our Melbourne drug driving lawyers will explain your options to help you make an informed decision.
FAQs - Drug Driving Offences in Melbourne
Driving with any detectable amount of a prescribed illicit drug or while impaired by any drug (including prescription medication) that affects your ability to drive safely (Road Safety Act 1986, s 49).
Detection times vary: THC (cannabis) can be detected for days or weeks, while methamphetamine or MDMA may be detectable for 2–4 days, depending on usage and metabolism.
Yes, if they impair your driving ability. You may have a defence if the medication was legally prescribed and taken as directed.
Refusing a test carries penalties similar to a positive result, including fines, licence suspension, and a possible conviction (Road Safety Act 1986, s 49(1)(e)).
Defences may include police procedural errors, invalid test timing, or lawful prescription drug use. Our lawyers will assess your case for the strongest strategy.
Contact Our Drug Driving Lawyers in Melbourne Today
Don’t let a drug driving charge derail your life. Call Haitch Legal at 03 8590 8370 for a free, confidential consultation with our experienced drug driving lawyers in Melbourne.
Submit an online enquiry via our contact form and we’ll respond promptly.
Trust Haitch Legal to fight for your rights and deliver the best outcome.