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Positive Roadside Drug Test in Victoria: What Happens Next?

Positive Roadside Drug Test in Victoria: What Happens Next?

Direct answer

A positive roadside drug test in Victoria for a first offence usually means a fine of 3 penalty units and a 6-month licence loss, dealt with by an infringement notice rather than court. A confirmatory laboratory test follows, and a second or later offence is more serious and goes to court.

This guide explains what happens after a positive roadside drug test in Victoria, the drugs that are tested, the penalties for a first and later offence, whether you go to court, and whether a result can be challenged.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

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Key takeaways

  • A first drug driving offence usually means a 3 penalty unit fine and a 6-month licence loss.
  • A first offence is generally dealt with by an infringement notice, not court.
  • A confirmatory laboratory test follows a positive roadside screen.
  • You must complete a drug driver behaviour change program, or your licence is cancelled.
  • A second or later offence is more serious, goes to court, and means a longer loss.
  • The offence is based on the presence of a drug, not proof you were impaired.

Who this is for

Written for

  • People who tested positive in a roadside drug test in Victoria
  • Anyone unsure what happens after a positive result
  • People wanting to understand the licence loss and penalties
  • Anyone considering challenging a positive test
  • People facing a second or later drug driving offence

Not a substitute for

  • Legal advice about a specific drug driving matter
  • Representation at court for a later offence
  • Advice on whether a result can be challenged on your facts
  • Advice about driving while impaired, which is separate
  • Advice about a combined drink and drug charge

Plain-English definitions

Roadside drug test

An oral fluid, or saliva, test used by police to screen for illicit drugs.

Presence offence

An offence based on a drug being present, not on proof you were impaired.

Impaired driving

A separate, more serious offence based on your driving being affected.

Infringement notice

A fine that resolves a matter without a court appearance.

Confirmatory test

A laboratory test that confirms a positive roadside screen.

Behaviour change program

A program you must complete, or your licence is cancelled.

Section 49

The provision of the Road Safety Act 1986 that covers drug driving offences.

Penalty unit

A fixed dollar amount set by the state and adjusted each year, used to express fines.

Legal process timeline

  1. 1

    The roadside test

    Police screen your oral fluid at a testing site or interception.

  2. 2

    A positive screen

    If positive, a further sample is taken for laboratory confirmation.

  3. 3

    The infringement or charge

    A first offence is usually an infringement notice, a later one a charge.

  4. 4

    The licence loss

    Your licence is suspended, generally for 6 months on a first offence.

  5. 5

    The program

    You complete a drug driver behaviour change program.

  6. 6

    Court, for a later offence

    A second or later offence is heard in the Magistrates' Court.

  7. 7

    The outcome

    The penalty and licence loss are confirmed, and any program completed.

About this guide

Legal basis

This guide is based on the drug driving offences in the Road Safety Act 1986 (Vic), the roadside oral fluid testing regime, and the penalties and program requirements that follow a positive test.

How this guide was prepared

Drafted for people who tested positive in a roadside drug test, based on the questions asked about what happens next and the licence loss.

Important limits

This article does not cover every situation. It does not specifically deal with:

  • Driving while impaired, which is a separate, more serious offence
  • The precise outcome for your individual circumstances
  • Combined drink and drug driving charges
  • The exact current dollar value of a penalty unit
  • Medicinal cannabis issues in detail

The outcome depends on whether it is a first or later offence and whether the result is confirmed.

In-depth analysis

What a Positive Roadside Drug Test Means

What happens if you test positive at the roadside?

A further sample is taken and sent for laboratory confirmation. A positive roadside screen is not the end of the process, because the result must be confirmed by a laboratory before the penalty is finalised. Understanding how charges are dealt with helps you see how a first offence is usually resolved without court.

Importantly, this is a presence offence. It is based on a drug being detected in your system, not on proof that your driving was affected, which is a separate and more serious matter. That distinction shapes both the penalty and any challenge.

What drugs does the roadside test detect?

The roadside oral fluid test screens for common illicit drugs. It targets THC, the active component in cannabis, methamphetamine, and MDMA, which are the drugs the test is designed to detect. A positive screen for any of these leads to the confirmation process.

Because it is a presence test, it can detect a drug some time after use, not only while you are affected. This is why people are sometimes surprised by a positive result, and it is one reason the exact circumstances are worth reviewing.

The Penalties and Your Licence

What are the penalties for a first drug driving offence?

A fine and a licence loss, usually without court. For a first offence, the penalty is generally a fine of 3 penalty units and a 6-month licence suspension, dealt with by an infringement notice. You must also complete a drug driver behaviour change program, and Transport Victoria’s drug driving penalties guidance sets out these requirements.

The program is not optional. If you do not complete it within the required time, your licence can be cancelled, so it needs to be treated as a firm requirement rather than a formality.

What happens for a second or later offence?

It is more serious and goes to court. A second or later drug driving offence is heard in the Magistrates’ Court, carries higher fines, and brings a longer licence loss, generally a cancellation of at least 12 months. The table below sets out the difference.

OffenceTypical outcome
First offence3 penalty units, 6-month loss, infringement, program
Second offenceHigher fine, at least 12-month loss, court
Third or later offenceHigher fine again, longer loss, court

A later offence also brings a more intensive program and a zero BAC condition on relicensing. This is where the consequences escalate sharply, much as they do for repeat driving offences generally, so a second matter should always be taken seriously.

Can You Challenge It, and What Should You Do?

Can a positive roadside test be challenged?

Sometimes, depending on the circumstances. A positive screen must be confirmed by a laboratory, and the process, the sample, and the timing can occasionally be open to challenge. It is more limited than for many charges, but it is not automatically beyond question, unlike the clearer thresholds in matters such as dangerous driving charges.

Whether a challenge is realistic depends on the facts. Because it is a presence offence, arguing you were not affected does not assist, so any challenge focuses on the testing process rather than your level of impairment. Advice is worthwhile where you genuinely dispute the result.

What should you do next?

Deal with the requirements and get advice if it is a later offence or you dispute the result. For a first offence, complete the program and plan around the licence loss, and note the effect a later matter can have. For a second or later offence, or a genuine dispute, our work on driving and traffic charges can help.

Keeping a clean record from here matters, because a later offence escalates quickly and affects the effect on your record.

It is a different kind of matter from a licensing offence like a mobile phone fine, but the same principle applies: act on the requirements promptly.

Scenario-based guidance

If it is your first offence

You will usually receive an infringement with a 6-month licence loss, so complete the program on time to avoid cancellation.

If it is a second or later offence

The matter goes to court and the loss is longer, so get legal advice early.

If you genuinely dispute the result

Any challenge focuses on the testing process, so get advice quickly, as there are deadlines.

If you use medicinal cannabis

The presence of THC can still be an offence, so get advice about your specific situation.

If you were not affected at the time

This does not assist, because it is a presence offence, so focus on the process and the requirements.

If you need to drive for work

Plan around the licence loss, because there is generally no way to avoid it.

Practical checklist

If you tested positive in a roadside drug test:
  • Confirm whether it is a first or later offence.
  • Understand the licence loss that applies.
  • Complete the drug driver behaviour change program on time.
  • Get legal advice for a second or later offence.
  • Get advice quickly if you genuinely dispute the result.
  • Note any deadlines on your infringement notice.
  • Do not drive during the licence loss.
  • Keep a clean record to avoid escalation.
  • Plan alternative transport for the suspension.
  • Keep evidence relevant to any challenge.

Common mistakes

  • Assuming a positive screen is the final result.
  • Ignoring the drug driver behaviour change program.
  • Missing the deadline and having your licence cancelled.
  • Arguing you were not affected, which does not assist.
  • Treating a second offence as no more serious than a first.
  • Not getting advice when the matter goes to court.
  • Overlooking deadlines on an infringement notice.
  • Driving during the licence loss.
  • Assuming a result can never be challenged.
  • Leaving advice too late to dispute a result.

Questions to ask your lawyer

  • Is this a first or a later drug driving offence?
  • How long will I lose my licence?
  • Do I have to go to court?
  • Can this positive result be challenged?
  • What is involved in the behaviour change program?
  • What happens if I do not complete the program?
  • Will there be a conviction on my record?
  • What are the penalties if it is a second offence?
  • Does medicinal cannabis change my position?
  • What should I do right now?

Sources

Frequently asked questions

A further sample is taken and sent for laboratory confirmation. For a first offence, once confirmed, you generally receive an infringement notice with a 3 penalty unit fine and a 6-month licence loss, and must complete a drug driver behaviour change program. A second or later offence goes to court.

Usually not. A first offence is generally dealt with by an infringement notice rather than a court appearance, with a fine and a 6-month licence loss. A second or later offence is more serious and is heard in the Magistrates' Court, with higher fines and a longer licence loss of at least 12 months.

The roadside oral fluid test screens for THC, the active component in cannabis, methamphetamine, and MDMA. A positive screen for any of these leads to a confirmatory laboratory test. Because it is a presence test, it can detect a drug some time after use, not only while you are affected.

Sometimes. A positive screen must be confirmed by a laboratory, and the process, the sample, and the timing can occasionally be open to challenge. Because it is a presence offence, arguing you were not affected does not assist, so any challenge focuses on the testing process. Get advice quickly, as there are deadlines.

Your licence can be cancelled. The behaviour change program is a firm requirement, not a formality, and it must be completed within the required time. If you do not complete it, VicRoads can cancel your licence, so it should be treated as an essential step in getting back on the road.

Authorship

Written by

Lauren Tye

Principal Lawyer, Lauren Tye Legal
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

Legally reviewed by

Senior Counsel

Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

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Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about police, court, bail, plea, or prosecution.