up to 120 penalty units – driving with more drugs than prescribed. up to 180 penalty units or 18 months jail – driving while impaired. up to 120 penalty units – refusing a saliva test. up to 180 penalty units or 18 months jail – refusing any other drug test.
How do you beat a drug driving charge in Victoria?
Possible Defences
- You weren’t driving.
- Defective testing apparatus.
- You did not knowingly consume the drug.
- You consumed the drug between the time of driving and the test.
- Police failed to comply with their legal obligations.
What happens if you fail a drug test in Victoria?
You will go to court and will: receive a fine of up to 120 penalty units, or 18 months imprisonment. have your licence or learner permit cancelled for at least six months. need to complete an Intensive Drink and Drug Driver Behaviour Change Program.
What do vic police drug test for?
Victoria Police have the right to pull drivers over at any time and test their saliva for traces of illicit drugs including THC – the active component in cannabis, methamphetamines and ecstasy. You can be tested by any Victoria Police officers including motorcycle, highway patrol and unmarked vehicles.
Do police get drug tested Australia?
At the current rate, a Victoria Police officer is likely to be randomly drug tested once every 20 years. Under current arrangements, police recruits may or may not be subject to random drug testing.
Can you plead not guilty to drug driving?
If you plead not guilty to a drug driving offence, you can expect your case to take between 4 to 6 months to reach the trial date. Sometimes the case can take longer than this. In most cases you will not be disqualified whilst the case is ongoing unless there are concerns over your health relating to blackouts etc.
How long do police have to charge you with drug driving?
If a positive result is confirmed, a charge is likely to be brought – that of driving with excess (over the specified legal limit) drugs and the prosecuting authorities – the police and the CPS – have six months to charge you with an offence.
Can you argue a failed drug test?
If you were taking something that might’ve caused a false-positive result, the lab can do another type of test to verify that you haven’t touched the drugs being tested. Letting your employer, principal or coach know about these substances can go a long way towards convincing them you deserve a second chance.
Can you refuse a drug test Australia?
Can employees refuse workplace drug testing? Under workplace drug testing laws in Australia, employers can insist on drug testing as a term of employment, provided it is reasonable. On the other hand, workplace drug testing laws also state that employees have the right to decline a drug test.
What are your options if you fail a drug test?
If they fail a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must “reasonably accommodate” employees who want to seek drug or alcohol abuse treatment.
Can you get fired for failing a drug test Australia?
In most cases, if you test positive you will receive formal counselling. If you continue to fail future drug tests your employer will then enter into a procedure that may result in your termination. You can visit SafeWork NSW for more information.
Can you get off a drug driving charge?
If you are caught drug driving, your options are to either plead guilty or not guilty. We strongly recommend that you speak to a driving offence solicitor before you make this decision. There are various defences available which could either reduce the penalty or see that the charges against you are dropped.
What drugs are tested in a drug test Victoria?
The standard workplace drug test can detect the following drugs:
- methamphetamines/amphetamines.
- benzodiazepines.
- cocaine.
- codeine and morphine.
- opiates.
- cannabis.
Can you join the police if you have taken drugs?
Having a history of drug use does not mean that one cannot become a police officer. People with substance use in their history, however, have to be realistic about the possibility of becoming a police officer.
Can you go to jail for using drugs in Australia?
You’re subject to all local laws and penalties in your destination, including those that may appear harsh by Australian standards. This can include the death penalty. Even small amounts of recreational drugs or some prescription medications can get you arrested or jailed.
Do teachers get drug tested Australia?
The Director General of Education, Sharyn O’Neill, has told the ABC there is no need to drug test all teachers.
Do I have to attend court for drug driving?
Penalties for drug driving
You will attend court on the agreed date, and if you are convicted of a drug-driving offence, the penalties can be severe – even for first-time offenders. The court may impose: A minimum 12-month driving ban.
Do I have to declare drug driving after 5 years?
Even after 5 years an insurer may still ask if you have any convictions and in these instances you must tell the truth. Not doing so could invalidate your policy and even bring about fraud charges.
What happens when your charged with drug driving?
Penalties can range from:
Disqualification starting at 12 months (36 months for the second relevant offence in 10 years) Unlimited fine. Unpaid Work. imprisonment for up to six months.
Can police prosecute after 6 months?
The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence.
Can I drive the next day after smoking?
It is advised that you should not drive much sooner than 24 hours after consuming cannabis. It is highly likely that after 24 hours, the majority of the THC in your system will be gone but this cannot be guaranteed.