Exceed prescribed concentration of drugs (drug driving)

What the Law states - Exceed prescribed concentration of drugs (drug driving)

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-
(i) has had a sample of blood taken from him or her in accordancewith section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and-

(i) the sample has been analysed by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and

(ii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle.


For more information on the driving charge of Exceed Prescribed Concentration of Drugs (Drug Driving), including maximum penalty, what the prosecution must prove, and possible defences for the charge, please visit Doogue & O'Brien Criminal Defence Lawyers | Exceed Prescribed Concentration of Drugs (Drug Driving).

Drink Driving Lawyers Melbourne

Bill Doogue Drink Driving Lawyer Email Bill Doogue was first admitted to practise as a Barrister and Solicitor in... read more

Conor O'Brien Drink Driving Lawyer Email Conor O’Brien commenced his legal career as a Barrister and Solicitor in the... read more