Illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

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

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, 19 charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle were sentenced in the five years to 30 June 2024. The most common sentence for a charge of this offence was a fine (89.5% or 17 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, illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle 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 illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

Number: 19 charges

Bar graph showing sentence types imposed for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

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

Figure 5: Fine amounts for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

Number: 16 charges

Range and median: The lowest fine amount is $250, the highest is $1,500, and the median is $500, meaning that half of the fine amounts are below $500 and half are above.

Note: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing fine amounts for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

See Table 5 in the Excel data file for the data in this graph.

Figure 6: Sentencing outcomes for all charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle by financial year

Number: 19 charges

Stacked bar graph showing sentences imposed each year for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

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

Figure 7: Number of charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle by financial year

Number: 19 charges

Bar graph showing the number of charges each year for the offence of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

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

Figure 10: Average fine amounts for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle by financial year

Number: 16 charges

Note: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing fines amounts each year for charges of illicit drugs found in a blood test within 3 hours of driving or being in charge of a motor vehicle

See Table 10 in the Excel data file for the data in this graph.