The rules and regulations for roadside drug testing in Victoria have changed dramatically over the years, owing primarily to the rise in alcohol and drug use. Australia strives to improve DUI laws, policies, and penalties to maintain road safety and reduce alcohol and drug-related accidents. Law enforcement enacts strict new drug and alcohol driving laws across Australia. As a result, the penalties are even harsher for drivers with drugs and alcohol in their systems. When compared to other countries, the legal blood alcohol limit in Victoria and all other cities in Australia is now even lower. The legal Blood Alcohol Content (BAC) for drivers should now be less than 0.05 per cent. 

Annually, Victoria police conduct approximately 150,000 roadside drug tests. Roadside drug testing in Victoria is a saliva test that police can complete while the driver is still in the car. Saliva testing is effective because it identifies drivers who still have the active form of the drugs in their system, which poses the most significant risk on our roads. Meanwhile, when testing for alcohol, police use breathalysers to conduct alcohol testing. This article will provide information on the testing procedure, the kinds of offences, and the penalties.

How Is Roadside Drug Testing in Victoria Conducted?

Even if it does not impair your driving, driving with any illegal drugs is a violation that can result in harsh penalties. Individuals can be charged with failing a roadside drug testing in Victoria or refusing to cooperate with the police. Moreover, if the individual has consumed drugs and also has a BAC level exceeding the legal blood alcohol limit, they will face additional, more severe penalties. Those who decline a roadside saliva drug test will face the same penalties as if the test was positive.

When conducting roadside drug testing, it generally starts when the police officers stop a driver for a test. They can do this at any time to check if the individual has drugs in their system. The standard procedure is to request the driver to provide a saliva sample. Then, the driver must follow their instructions and place a small absorbent pad on their tongue. Afterwards, the police will analyse the sample, which only takes a few moments. 

If the saliva test result is negative, the driver may depart. But if it is non-negative, the driver must provide another saliva sample at a police station for confirmation. They may also request urine or blood samples for diversified testing. Then, the agency will contact a laboratory facility that can do confirmation testing on the samples. The final drug driving charge will depend on the laboratory test results. 

Detectable Substances

Roadside drug testing only screens for a limited number of drugs in the system, including: 

• Cannabis – This specifically tests for Delta-9 tetrahydrocannabinol. It is the component in marijuana that causes the psychoactive effects, causing impairment to individuals.
• Ecstasy (MDMA) – It comes in crystal and tablet forms. Specifically, ecstasy is the tablet form. It is a stimulant designer drug that causes psychedelic hallucinations
• Methamphetamine – A powerful stimulant that poses a high risk for developing dependency issues. There are various forms and names for it, such as ice, crystal meth, and speed.

Types of Offences During Roadside Drug Testing in Victoria

There are several types of offences that police officers can specify, depending on the results of the roadside drug testing in Victoria. Firstly, driving with prescribed drugs in oral fluid (saliva) – typically entails getting an infringement notice. A magistrate will also assign 12 penalty units for the fine. Similarly, driving with more drugs than prescribed is also an offence. It attracts the same amount of units as driving with drugs in saliva. Moreover, the individual must prove that they were following the prescription from their healthcare provider exactly to enter a not-guilty plea for this.

Furthermore, if a blood or urine test reveals drugs in the system after receiving a drug impairment assessment, the police may prosecute the individual for driving while intoxicated. This offence gives twelve penalty units. In addition, they may charge the person for driving under the influence if they can establish that the influence of drugs prevented the driver from operating the vehicle safely. It equates to 25 penalty units. 

Another type of offence is driving with drugs and alcohol present in the system. The corresponding amount of penalty units for this is 30. Lastly, people may face charges for refusing a drug, blood, saliva, or urine test. This offence attracts 12 penalty units and a maximum two-year license suspension. It is also crucial to note that these are for first-time offences. Subsequent charges will have higher penalties.

Penalties for Positive Roadside Drug Testing in Victoria

If proven guilty during roadside drug testing in Victoria, a driver may face different penalties for their actions. Such corrections can be: 

• Fines  – the current penalty unit costs $192.31
• Imprisonment – failing to pay the penalty units will result in jail time. A total of 25 penalty units correspond to three months of imprisonment.
• License Suspension – Receiving an infringement notice will result in licence suspension. Lifting the suspension is the only way to return the licence. Moreover, refusing a drug test and combined drug and alcohol driving will also result in a suspension.
• Community Corrections Order – this punishment is served out in the local community, with conditions depending on what the offence was. Breaking this order will result in further penalties and jail time.  
• Alcohol interlock program – this program is for individuals driving with a high-BAC range. Additionally, repeat offenders are required to have an ignition interlock device installed in their vehicle.
• Behaviour Change Program – this is a requirement to recover their licence. In this program, the individual will undergo drug screenings and treatment.

Conclusion

Police officers use saliva testing as the primary method for conducting roadside drug testing in Victoria. They may stop any vehicle and conduct a random test to ensure safety. The driver must follow their instructions since refusing a test has heavy penalties. However, if they cannot provide a saliva sample due to dry mouth, the officer may conduct a urine or blood test instead at the police station or medical facility. If the driver tests negative, they can be free to go. However, some officers may ask for subsequent tests if they suspect impairment from drugs not detectable in the saliva test.

There are several types of offences, depending on the results of the test. Each type has corresponding penalty units that a magistrate can assign during a court hearing. For first-time offenders, the range is between 12 to 30 units. For subsequent offences, the amount rises significantly. A unit currently equates to $192.31.  Other penalties include licence suspension, community corrections orders, alcohol interlock programs, and behaviour change programs. To prevent driving under the influence charges, individuals may use breathalysers and drug testing kits from Breathalysers Australia.