Drug Driving First Offence in Victoria: What Happens
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- : Published — the step-by-step guide to a first drug driving offence in Victoria.
The short answer: two very different paths
A first drug driving offence in Victoria (THC detected in your oral fluid or blood under section 49(1)(bb) of the Road Safety Act 1986) can go one of two ways, and the difference is big:
- Infringement notice (fine). For a straightforward first offence, police can issue an infringement: a fine of 3 penalty units (about $627 at the 2026–27 penalty-unit value of $209.10) and a 6-month licence suspension. No court, no conviction.
- Court. If police instead charge you — because of the circumstances, other charges, or their view of your record — a magistrate can fine you up to 12 penalty units (about $2,509), cancel your licence for at least 6 months, order the behaviour change program, impose a zero-BAC condition for 3 years, and may record a conviction.
Which path you're on is written on the paperwork you were given. If it's an infringement notice, you have options about paying or electing court — get advice before paying, because once paid, that's the outcome.
What happens, step by step
1. Roadside test and the 24-hour ban. A positive roadside saliva screen means you cannot drive for a period — arrange transport, don't move the car. The roadside result is only indicative.
2. Laboratory confirmation. Your sample goes to a laboratory. Charges or infringement notices typically follow lab confirmation, which can take weeks.
3. The paperwork arrives. Either an infringement notice (fine + 6-month suspension) or a charge and summons to attend court. For most first presence offences your licence continues until the infringement is paid or the court decides — but police can suspend immediately for more serious related offences such as refusing a test, impairment, or a repeat offence.
4. The behaviour change program (BCP). Every drug driver must complete a BCP. On the infringement path you must start within the first 3 months of your suspension — fail to do that and your licence is cancelled instead. Book it immediately; waitlists are real.
5. Getting your licence back. After the suspension or cancellation period ends and the BCP is finished (your certificate is what gets you back on the road), you reapply. On the court path, the zero-BAC condition then applies for 3 years.
If you hold a medicinal cannabis prescription
Since 1 March 2025, section 50(1F) of the Road Safety Act 1986 gives a magistrate discretion not to cancel your licence if you held a valid prescription, the product was legal and used as prescribed, and you were not impaired. Key points:
- The discretion lives at court — an infringement path never puts you in front of the magistrate who holds it. This is exactly the decision where legal advice matters most.
- The offence and the fine still stand either way; the discretion is about the licence only.
- Bring the evidence: prescription valid at the detection date, dispensing records, and anything showing use as directed. See the Victoria page for how the discretion works in detail.
Going to court for a first offence
If you're summonsed, the sequence is: first mention (your charge is read; get advice before this), summary case conference with the prosecution, and either a guilty plea (resolved at a plea hearing — generally a less severe outcome than a contested loss) or a contested hearing. Victoria Legal Aid's "Help Before Court" service is free and available even before your first mention. If you disagree with the outcome, you generally have 28 days to appeal to the County Court.
Get advice early — timing decisions (pay, elect court, plead, appeal) are where first-offence outcomes are won and lost.
Quick reference: what a first offence costs
| Path | Fine | Licence | Other |
|---|---|---|---|
| Infringement notice | 3 penalty units (about $627) | Suspended 6 months | BCP within 3 months or licence cancelled |
| Court | Up to 12 penalty units (about $2,509) | Cancelled at least 6 months | BCP, 3-year zero-BAC, conviction possible |
Repeat offences escalate sharply: a second presence offence is up to 60 penalty units (about $12,546) with at least 12 months' cancellation and an intensive BCP, and third or later offences up to 120 penalty units. Driving while impaired by any drug is a separate, more serious offence with at least 12 months' cancellation.
What to do this week
- Don't pay an infringement reflexively. Paying settles the matter at that outcome; electing court is the only way the s50(1F) discretion (or a non-conviction outcome) can be considered. That decision needs a lawyer, quickly.
- Gather documents now: prescription, dispensing records, notes on the stop (time, location, what was said, last dose).
- Book the behaviour change program if you've received an infringement — the 3-month clock is already running.
- Get legal advice — Victoria Legal Aid, a community legal centre, or a traffic lawyer. Most offer a free first conversation.
Sources
- Transport Victoria — Drug driving penalties (transport.vic.gov.au)
- Victoria Legal Aid — Drug driving (legalaid.vic.gov.au)
- Department of Justice and Community Safety — Penalties and values (justice.vic.gov.au)
This page was last verified against those primary sources on 26 September 2026. It is general information, not legal advice — for your specific matter, speak to a lawyer or Victoria Legal Aid.