The Law Handbook 2024

Chapter 6.8: Driving offences 655 • the age of the driver; • the nature of the drink-driving offence; • the level of BAC in the drink-driving offence; • whether it was a first, second or subsequent offence; and • the type of licence held. VicRoads has taken over the management of licence restoration for the following offences: • drink-driving offences (including repeat drink- driving offences); • driving under the influence; and • refusing a breathalyser test. For the process and procedure of applying to get your licence back, refer to the VicRoads website (www.vicroads.vic.gov.au) . You will need to apply to the Magistrates’ Court for a licence eligibility order if your licence has been suspended for one of the following offences: • drug-driving; • a serious motor vehicle offence; or • dangerously or negligently driving while pursued by police. All drink-drivers charged after 30 April 2018 with having a BAC of .05 or over must have an alcohol- interlock device fitted to their motor vehicle before their licence is restored. For any drink-driving offences committed before 30 April 2018, this requirement is discretionary. Other conditions for licence restoration may include having a zero BAC while driving for three years. Drivers who lose their licence for drink-driving offences should find out what requirements they must fulfil before their licence can be restored. Alcohol-interlock devices For drink-driving or drug-driving offences that occurred on or after 30 April 2018 , all drivers with a BAC of .05 or over, or with drugs in their system, must have an alcohol-interlock device fitted to their motor vehicle for a minimum of six months. For drink-driving or drug-driving offences that were committed before 30 April 2018 , alcohol- interlock devices are mandatory for first offenders with a BAC of .07 or over, and for repeat offenders. For more information about having a licence restored, contact the Magistrates’ Court (www.mcv. vic.gov.au) or visit the VicRoads website (www. vicroads.vic.gov.au) . Behaviour change program Under the Road Safety Act, all drivers found guilty of drink-driving and drug-driving offences on or after 18 April 2018 must complete a behaviour change program before being eligible to have their licence restored (s 58C). There are two stages of the behaviour change program: • Stage 1 (s 58C): All drink-driving and drug- driving offenders must complete stage 1 to get their licences back; • Stage 2 (s 58D): All drink-driving and drug- driving offenders may have to complete stage 2 to get an alcohol-interlock device condition removed from their licence. Drug-driving offences Drug testing Drivers may be required to undergo a drug assessment test (s 55A(1) Road Safety Act). This procedure must be videotaped (unless exceptional circumstances exist) (s 55A(6)) and a copy of the recording must be given to the driver (s 55A(7)). If, after the drug assessment test, police believe that the driver is drug- impaired (i.e. the driver’s behaviour during the test is consistent with drug-related behaviour) and this behaviour would result in the driver being unable to drive properly (s 49(3A)), the driver may be required to provide a urine or blood sample to an approved health professional (s 55B(1)). Drug-impairment offences There are three drug-impairment offences in the Road Safety Act: 1 Driving while drug-impaired (s 49(1)(ba)). Drivers can defend this charge by establishing that the drug in their system was a prescription drug or a permissible non-prescribed drug (s 49(3B)). A charge under section 49(1A) (see ‘1 Driving under the influence’, above) may be reduced to a charge of driving while drug- impaired (s 49(8)) as the latter has a lesser licence disqualification penalty. 2 Driving while having higher than the prescribed concentration of drugs in their blood (s 49(1) (bb)). Unlike drink-driving offences, the amount of prescribed drugs is zero for all drivers. This is similar to section 49(1)(b) of the Road Safety Act’s