NEWS & RESOURCES

Refusing a drug test in Victoria is a serious offence under the Road Safety Act 1986 (Vic) . The law imposes strict penalties for refusal, which can often be harsher than the penalties for drug driving itself. Below is a clear breakdown of the law, the circumstances in which Victoria police can request tests, and the consequences of saying “no”. When Can Police Request a Drug Test? Under sections 55D  and 55A of the Road Safety Act 1986 , Victorian police can require you to

It is illegal to drive if your Victorian licence has been suspended or disqualified by the police, the court or VicRoads.  If your licence has been suspended, this means that you’re unable to drive for a certain amount of time - typically three to six months for minor offences, or longer periods for more serious charges. A licence disqualification is a penalty imposed by the court for a serious driving offense that cancels your driver’s licence and disqualifies you from drivi

Police in Victoria may require you to submit a roadside preliminary breath test if you are driving a vehicle, in charge of a vehicle, or they believe that you have been involved in a recent accident where you were in control of a vehicle at the time of the accident. Refusing to submit a roadside breath test in Victoria is an offence under section 49(1)(c) of the Road Safety Act 1986 (Vic) and carries significant legal consequences. When Can Police Request A Breath Test? Polic

Since 1 July 2025, rule 79A of the Road Safety Road Rules 2017 (Vic) applies. This rule applies to a driver approaching a stationary or slow moving police vehicle, emergency vehicle and various other specified vehicles including roadside assistance vehicles. The rule applies when the vehicle is displaying a flashing blue, red, magenta or yellow light or sounding an alarm. In these circumstances the driver must drive at a speed at which they can safely stop before passing.

Drug driving offences pursuant to sections 49(1)(bb) or (h) or (i) of the Road Safety Act 1986 (Vic) carry a mandatory minimum licence disqualification period of 6 months for a first offence and 12 months for a subsequent offence pursuant to section 50(IE). A recent legislative change means that a drug driving offence, committed pursuant to the above mentioned sections, no longer results in a mandatory licence loss where the drug is medicinal cannabis and it is used in accor

From 17 October 2024 all drink drivers face a mandatory three-year period where they must have a zero blood alcohol content (BAC). This will apply from the time the court-mandated Alcohol Interlock Program is completed. If drivers have any alcohol in their system while driving during this 3-year ban they will face a mandatory minimum licence disqualification period of 12 months. While ordinarily a reading of below .05 leads to a 3-month mandatory licence disqualification, t

For a long time the County Court heard intervention order appeals from the Magistrates Court on a de novo basis. In other words the...

It is important to appeal within 30 days of the Magistrates' Court decision. Carroll v Browne [2018] VSC 253 is a case in which the...