Drive While Impaired By Drugs

The charge of driving while impaired by drugs is an offences frequently heard in the Magistrates Court.

The circumstances where this charge would be laid is where a person drives or is in control of a motor vehicle whilst being impaired by a drug.

Essentially, to prove this charge the Police must establish that the accused drove or was in charge of a motor vehicle and that the accused was at the time impaired by a drug.

Deciding on whether to plead guilty or not guilty is an important decision. An experienced drug driving lawyer can advise you on how to get the best result and minimise the impact on your life, based on your individual circumstances.

If you have been charged with Driving While Impaired by Drugs, you should call us to discuss your case and your options.

Defending a charge of drive while impaired by drugs may entail a dispute of the facts that are being alleged, the drug analyzing instrument was not used in proper working order or not properly operated or the drug was a permissible non-prescription or prescription drug and the person did not know and could not reasonably have known that the use and/or combination of permissible drugs would impair driving.

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

The legislation for this offence can be found on section 49 of Road Safety Act 1986 as follows:

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-

(ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug; or