The lawyers at Balot Reilly are experts in defending drug driving charges.
PROTECT YOUR LICENCE.
Drug driving offences in Victoria are treated seriously and can result in driver licence disqualification, fines, and a criminal record in some circumstances.
Victoria Police regularly conduct roadside drug testing and can detect the presence of THC (cannabis), methamphetamine and MDMA through saliva testing. Even trace amounts of these substances can lead to a drug driving charge.
If you have been charged with drug driving in Melbourne or anywhere in Victoria, it is important to obtain legal advice as early as possible. At Balot Reilly Criminal Lawyers, our experienced Melbourne drug driving lawyers carefully analyse the evidence and build strategic defences aimed at protecting your licence, record and future.
Get clear advice with a strong defence. Call Us 24/7
Speak directly with Balot Reilly Criminal Lawyers Today
Drug driving occurs when a person drives or is in charge of a motor vehicle while:
Victoria Police commonly test drivers for:
Drug driving offences can also arise if a driver:
Even trace amounts of certain drugs can lead to charges, regardless of whether the driver felt impaired.
Victoria Police use roadside saliva testing to detect drugs in a driver’s system.
The process usually involves:
Police may require a driver to provide a saliva sample during roadside testing.
Refusing to provide a sample is a serious offence.
If the roadside test indicates the presence of drugs, police may require the driver to attend a booze bus or police station for a further evidentiary test.
Drivers can also request that a medical practitioner take an additional sample.
Victoria Police roadside drug tests are designed to detect the presence of certain illicit drugs in a driver’s saliva. The current roadside testing program commonly screens for:
These substances can be detected through a saliva test conducted at the roadside or at a drug and alcohol testing bus. If the initial roadside test is positive, police may require the driver to undergo a second evidentiary oral fluid test to confirm the result.
Importantly, drug driving laws in Victoria operate on a presence-based system, meaning a driver can be charged if these drugs are detected in their system, even if they do not feel impaired
If police stop your vehicle:
You are generally not required to answer other questions.
If the initial test is positive, police may require a second evidentiary test at a police station or drug testing bus.
If a final drug test is positive, police may:
The outcome will depend on factors such as:
Drug driving offences often carry mandatory driver licence disqualification periods.
If the initial test is positive, police may require a second evidentiary test at a police station or drug testing bus.
Balot Reilly Criminal Lawyers have extensive experience defending drug driving charges throughout Victoria and Australia.
Drug driving offences often carry mandatory driver licence disqualification periods.
If the initial test is positive, police may require a second evidentiary test at a police station or drug testing bus.
Contrary to common belief, police generally do not arrest drivers simply for drug driving offences. However, refusing to accompany police or refusing testing can result in serious penalties including licence disqualification and fines.
Drug driving offences may appear on your driving record and sometimes on your criminal record, depending on the outcome of the case.
In some circumstances, the court may impose a finding of guilt without conviction.
Penalties can include:
The exact penalty will depend on the circumstances of the offence and the driver’s history.
Yes. Drug driving offences can be challenged depending on the circumstances.
Possibilities may include:
Drug driving laws are technical, and careful legal analysis may reveal possible defences or weaknesses in the prosecution case.
A combined drink and drug driving offence occurs when a driver has both alcohol and drugs present in their system within three hours of driving.
These offences are governed by section 49(1)(bc) of the Road Safety Act 1986 (Vic).
Combined offences can result in higher penalties, including longer licence disqualification periods.
Our lawyers regularly represent clients charged with combined alcohol and drug offences and apply technical legal arguments to:
We assess the evidence, identify available defences, and develop a clear strategy to minimise penalties or avoid conviction where possible.
✔️ We will carefully listen to your story & support you
✔️ We will offer defense strategies to help you
✔️ We will advise you in plain-language, no legal jargon
✔️ We will minimise penalties and damage to your life where possible
✔️ We will offer the best legal representation in court
✔️ Clear, practical legal advice from experienced criminal defence lawyers
✔️ Strong representation in Melbourne courts from the outset
✔️ Strategic guidance tailored to your specific circumstances
✔️ Transparent communication at every stage of your matter
✔️ Proactive defence focused on minimising penalties and protecting your record
