Fail oral fluid test within 3 hours of driving

Legislation: Road Safety Act 1986 (Vic) s 49(1)(h)

Maximum penalty: Varies - 12 to 120 penalty units

Period: 1 July 2019 to 30 June 2024

Jurisdiction: higher courts

On SACStat, a charge is a single count of an offence
On SACStat, a case is a collection of one or more charges sentenced at a hearing

*Note: unavailable options have under 10 cases

Charge data

In the higher courts, 16 charges of fail oral fluid test within 3 hours of driving were sentenced in the five years to 30 June 2024. The most common sentence for a charge of this offence was a fine (62.5% or 10 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In the higher courts, fail oral fluid test within 3 hours of driving was the principal proven offence (the most serious crime in the case) in fewer than 10 cases in the five years to 30 June 2024. Therefore, outcomes for cases are not given for this offence.

Figure 1: Sentencing outcomes for all charges of fail oral fluid test within 3 hours of driving

Number: 16 charges

Bar graph showing sentence types imposed for charges of fail oral fluid test within 3 hours of driving

See Table 1 in the Excel data file for the data in this graph.

Figure 6: Sentencing outcomes for all charges of fail oral fluid test within 3 hours of driving by financial year

Number: 16 charges

Stacked bar graph showing sentences imposed each year for charges of fail oral fluid test within 3 hours of driving

See Table 6 in the Excel data file for the data in this graph.

Figure 7: Number of charges of fail oral fluid test within 3 hours of driving by financial year

Number: 16 charges

Bar graph showing the number of charges each year for the offence of fail oral fluid test within 3 hours of driving

See Table 7 in the Excel data file for the data in this graph.