VICTORIA TESTING PROCEDURES
Testing Procedures
Random drug driving tests will be conducted in a similar way to current random breath tests. A drug bus similar to a booze bus will be used.
Step 1:
Drivers will be required to provide a saliva sample by placing an absorbent collector in their mouth or touching it on their tongue until a sample is collected. The sample will be screened at the roadside, with the result determined within approximately five minutes. Drug tests will be conducted by specially trained and authorised police officers.
Step 2:
Drivers who return a negative drug test will not be detained further. Drivers who return positive test results will be required to accompany police to a drug bus and provide a second saliva sample.
Step 3:
Drivers who produce a positive result to the second sample will be interviewed according to normal police procedure, and the sample sent to a laboratory for analysis. The driver will be provided with a portion of the second sample, which they may choose to have independently analysed.
Step 4:
Once the process is complete, the driver will be allowed to leave, although they will not be permitted to drive their vehicle. No infringement will be issued or charge laid until the results of the laboratory analysis are known. Drivers will be informed within a few weeks if the laboratory analysis confirms an illicit drug was present and they are to be fined or prosecuted for an offence.
Penalties*
The drug driving campaign is about improving road safety. Legislation prevents the evidence of saliva testing being used in court proceedings for non road safety offences.
First offence
(Traffic Infringement Notice)
$307 fine
3 demerit points
First offence
(Court penalty)
Up to $614 fine
Up to three months’ licence cancellation** where conviction recorded.
Second and subsequent offence
(Court penalty)
Up to $1,227 fine
Up to six months’ licence cancellation** where conviction recorded.
Refusal to provide sample
First offence (Court penalty)
Up to $614 fine
Up to three months’ licence cancellation** where conviction recorded.
Second and subsequent offence (Court penalty)
Up to $1,227 fine
Up to six months’ licence cancellation** where conviction recorded.
*These penalties apply to the 2003-04 financial year
** People who lose their licence as a result of drug driving offence must undertake a drug education and assessment course before being eligible to get their licence back.
Comparison of Drug Driving and Drink Driving Penalties
New drug offence
(exceed prescribed concentration)
Existing drug offence (driving whilst impaired by a drug) Existing alcohol offence (BAC over 0.05 but below 0.07)
Traffic Infringement Notice (TIN)
Fine of $307 and 3 demerit points.
No TIN available – court proceedings only $307 plus 10 demerit points
Court penalty (First offence)
Up to $614 fine
Up to 3 months licence cancellation but if no cancellation, 3 demerit points
Up to $1227 fine
Mandatory licence cancellation for minimum 12 months Up to $1227 fine
Licence cancellation for minimum 6 months if conviction recorded, or, if no conviction, 10 demerit points
Court penalty (Second & subsequent offence)
Up to $1,227 fine
Up to 6 months licence cancellation but if no cancellation, 3 demerit points
Up to $2556 fine or up to 3 months jail
Mandatory licence cancellation for minimum 2 years Up to $2556 fine or up to 3 months jail
Mandatory licence cancellation for minimum 12 months
New drug offence (refusal offence)
Existing drug offence (driving whilst impaired by a drug - refusal offence) Existing alcohol (refusal offence)
Court penalty (First offence)
Up to $614 fine
Mandatory licence cancellation for minimum 3 months Up to $1227 fine
Mandatory licence cancellation for minimum 2 years Up to $1227 fine
Mandatory licence cancellation for minimum 2 years
Court penalty (Second & subsequent offence)
Up to $1,227 fine
Mandatory licence cancellation for minimum 6 months
Up to $2556 fine or up to 3 months jail
Mandatory licence cancellation for minimum 4 years Up to $2556 fine or up to 3 months jail
Mandatory licence cancellation for minimum 4 years
