Haitch Legal


Drug Driving

Drug Driving

Drug driving is a serious offence, with a guilty verdict resulting in the loss of a person’s license and possible jail time. While a small amount of alcohol is acceptable, there is no safe amount of drugs that can be in your system.

Drugs can often be detectable in a person’s system long after they have used them – a single joint is traceable in a person’s blood for up to a week, and heavy cannabis use can be detected for 2–3 months afterwards. This means that even if you have not used drugs recently, you may be positive when tested.

If you have been charged with drug driving or have been suspended from driving, you need to consult a lawyer immediately for the best outcome. Our team of traffic law experts will be happy to give you a free initial appointment to go over the specifics of your case and discuss your options.

What can I be charged with?

There are a number of charges related to drugs under the Road Safety Act. The ‘prescribed illicit drug’ typically refers to methylamphetamine, MDMA or cannabis.

s49 Offences involving alcohol or other drugs
(1)(ba) Driving while impaired by a drug
(1)(bb) Driving with any amount of prescribed illicit drugs in the blood or oral fluid
(1)(ca) Refusing a drug impairment assessment
(1)(eb) Refusing to give oral sample
(1)(h) Testing positive for prescribed illicit drug within 3 hours after driving (Oral)
(1)(i) Testing positive for prescribed illicit drug within 3 hours after driving (Blood)
(1)(j) Testing positive for prescribed illicit drug and exceeding alcohol limits within 3 hours after driving (Blood)

If this is your first offence, it is unlikely that you will go to jail; however, your license will be disqualified for at least 6 months.

Where will my case be heard?

Your case will be heard in the Magistrates Court. Our lawyers regularly appear in Magistrates Courts across Melbourne and will be able to represent you at your local court.

Do I have a defence?

There are some defences you can use. If a police officer did not follow procedure when taking a saliva sample, or it has been more than 3 hours since you last drove, you may be able to use the Road Safety Act as a defence.

As this is a relatively new area of law, there are new defences introduced in courts all the time. We’ll delve into the details of your case to give you the best chance of a positive outcome.

What next?

Call 03 8590 8370 to get in touch with our team today for a free consultation. We’ll be happy to discuss your options and help you develop a strong defence.

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