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Roadside

Drug Testing Victoria’s drug-driving laws
unfairly penalise drug users
who are otherwise safe to
drive.

Under s49(1) (bb) of the Roads Safety
Act 1986 (Vic) a driver found with
a detectable concentration of
methamphetamine, MDMA or THC in
their system is automatically guilty of a
drug-driving offence.
This is despite the fact that testing
for these drugs can detect levels long
after the drugs have any effect on the
driver.
W H AT I S T H E CO N S EQ U EN C E O F
B E I N G FO U N D G U I LT Y O F A D R U G -
D RIVI NG O F F E NC E ?

An offence of drug-driving carries
with it a hefty fine and a period of
license suspension or disqualification.
Subsequent drug - driving offending
also runs the risk of an imprisonment
penalty being imposed.

W H AT ’ S W RO N G W IT H
C U R R ENT TE S TIN G?
BRINGING FAIRNESS TO VICTORIA’S Unlike with drink-driving laws, there

DRUG-DRIVING LAWS is no “0.05” equivalent for drug testing.
This means that any detectable level
of the ”big three” (meth, MDMA and
THC) constitutes an offence. The
B Y J ARR YD B AR TLE first-line of roadside detection occurs
via a saliva test. This test will generally
pick up levels of THC up to 12 hours
WHAT’ S WRONG following cannabis consumption, well
after a person’s “high” has past.
WITH CURRE NT VI C TORIAN Similarly, a saliva test will also detect
levels of methamphetamine and MDMA
up to 24 hours following consumption,
DRUG - DRIVING L AWS? with no evidence that the driver is
actually impaired at the time. The time
period for detection also varies greatly
between individuals, based on how
their body metabolises the drug.
Earlier this year, a Magistrate in
Lismore, NSW heard a drug-driving

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