Crime
Drugs and Driving
Solicitor, Davis Zucco Lawyers
This is an interesting issue developing within society that I have taken an interest in. The laws surrounding driving on drugs have been scrutinised, in particular by those who use cannabis, whether that be for a medicinal or recreational purpose.
At the moment we have roadside tests, which screen for the immediate detection of THC, Amphetamines and Ecstasy. Before a charge can be laid, a laboratory test must confirm the saliva sample contains the alleged drug.
We are seeing a rise in the number of roadside tests being undertaken, and as a result, the number of positive tests has risen, specifically in the last 12 months.
Through conversations that I have had with people, the same question is raised: what is the prescribed level of a drug that needs to be in your system to warrant a charge being laid?
Section 49 of the Road Safety Act 1986 covers offences involving alcohol and other drugs. I want to highlight two sections in particular for the purpose of this note:
Section 49 (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
(bb): drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid.
According to the Act, "prescribed concentration of drugs" means, in the case of a prescribed illicit drug, any concentration of the drug present in the blood or oral fluid of that person.
Roadside drug testing is designed to pick up immediate use. The idea behind it is road safety, which should be and is the absolute priority for such a program. Let’s not get the wrong message here, testing is designed to save lives! I think the next step in the evolution of this law is to go further with the definition and enable science and technology to develop ways which can determine a quantifiable limit, much like our Blood Alcohol Concentration limit of 0.05.
This way, we can educate people on what is the exact timeframe needed between the use of drugs and driving. Why is this important? Because the reality is, people need to be informed, to allow them to make better, informed decisions. I am not condoning any law breaking here, I am speaking strictly from a safety standpoint.
Have a look at this study filmed in Australia on driving under the influence of cannabis here.
If you have any queries, do not hesitate to connect with me!
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About the Author
Solicitor at Davis Zucco Lawyers
My name is Terry Dehghani and I am a 3rd year solicitor, based in Melbourne at Davis Zucco Lawyers.
We are a general practice, working in various areas of the law. I like the fact that I have a broad range of experience, as it allows me to offer services to a greater portion of the community ...
