The roadside tests can identify only the following illegal substances - THC, methamphetamine (found in crystal meth, ice, and speed), and MDMA. There are specific legal defences against charges of drug driving, so it is advisable to speak with experienced drug driving and drug trafficking lawyers in Melbourne about your options.
In Victoria, it is illegal to drive while under the influence of drugs. The term "drug" includes prescription, over-the-counter, and illegal drugs, as well as prescription medications. Police officers regularly use saliva tests to ascertain whether a driver is impaired by drugs and to detect the presence of illegal substances. Additionally, police may request that drivers submit to drug impairment assessments, blood tests, urine tests, or both if they suspect drug impairment from prescription drugs or other medications.
Importantly, it makes no difference whatsoever how the driver felt about the effects of the drug while they were behind the wheel. Drivers may face drug-related driving offence charges days or even weeks after using drugs.
Why Is Drug Testing Necessary?
Drugs have a significant impact on one's ability to drive, impairing coordination, warping perceptions of space, time, and distance, and impairing judgement of speed and distance. Aggression, hyperactivity, paranoia, and occasionally even hallucinations can strike drivers at times. When drivers exhibit signs of fatigue, nausea, or dizziness, police officers take extra precautions. Examining which drugs a roadside drug test detects is vital because, given these factors, being prepared for such a test is essential.
How Does A Drug Test Work?
Drug tests use samples of sweat, hair, saliva, urine, or even breath to find traces of drugs in the body. These tests are used by law enforcement to find synthetic and illegal drugs that are not allowed in certain environments or while operating a motor vehicle. Police in Victoria have the right to pull over a driver at any time and search them for illegal drugs or evidence of them on the side of the road. There are a few simple, easy-to-follow steps in the process.
- The police officer will place a small absorbent pad on the driver's tongue and ask for an initial saliva sample. It is also an offence to refuse a saliva sample when requested by the police.
- The police at their roadside station analyse the preliminary sample in minutes.
- The driver is required to provide an evidentiary saliva sample for additional testing if the test results are positive.
- If the outcome is not what they expected, they are free to depart.
- A second saliva sample is tested in a lab for additional purposes.
- The outcome of the lab test determines the driver's legal status if they are charged with drug-related driving offences.
Which Drugs Can A Roadside Drug Test Detect?
In terms of roadside drug testing in Victoria, roadside tests can identify the following illegal substances:
- THC (the psychoactive component in cannabis)
- Methamphetamine (found in crystal meth, ice, and speed)
- MDMA (also known as ecstasy)
It's noteworthy that roadside drug tests generally do not detect prescription drugs or over-the-counter medications. However, there have been a few cases where roadside testing has revealed prescription medication.
Which Drugs Can A Roadside Drug Test Not Detect?
While the roadside drug test detects THC, methamphetamine, and MDMA, it does not detect:
- Cocaine
- LSD/Acid
- Mushrooms
- Ketamine
It is important to remember that if you do not pass the impairment test, your blood may be tested for different drugs, such as cocaine. You might be asked to take a standard impairment test if law enforcement believes you are impaired by a substance that a roadside test was unable to detect. This test evaluates your overall behaviour, balance, and coordination. Following this assessment, the police might ask for a blood or urine test to see if the person is impaired by drugs. Penalties for different driving offences involving drugs can differ. Driving while disqualified can result in severe penalties, including fines, additional disqualification periods, and potential imprisonment.
How Long Is The Roadside Test's Drug Detection Window Open?
The likelihood of testing positive for drugs at a roadside test is dependent on several factors, such as the amount and strength of drugs taken, whether they are combined with other substances, and how the body processes them. It is a good idea to know how long some medications can be tracked through your body.
- Cannabis: For infrequent cannabis users, a saliva test can detect THC up to 12 hours after consumption. Frequent users may exhibit THC presence in their urine for up to 30 hours. THC will be found in your urine for even a month due to THC being stored in fat cells.
- Methamphetamine: It can be detected in saliva tests for approximately two days after use. However, individuals "coming down" from meth may experience irritability, anxiety, and fatigue.
- MDMA: Saliva may contain MDMA for up to two days following use.
- Medications: Regarding medications, it is advisable to consult with your doctor about your medication use and its potential impact on your ability to drive, as various medications may be detectable in a roadside drug test.
As mentioned earlier, a roadside drug test is unable to identify cocaine, but heroin and codeine (prescription painkillers) can be found in urine for up to three days after use.
Conclusion
The concentration of illegal drugs in the body must be zero for all drivers. If evidence of illegal drug use is discovered in your body fluids or blood, law enforcement may charge you with operating a vehicle under the legal limit of concentration. To prove your guilt for driving while under the influence of drugs or impaired by them, the police must show that you were incapable of controlling a vehicle or that your driving ability was impaired. Your confidence that using illegal drugs has not affected or impaired you is not considered when operating a vehicle.
Resources And Further Reading
- https://www.legalaid.vic.gov.au/traffic-offences
- https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/penalties/drug-driving-penalties
- https://streetsmarts.initiatives.qld.gov.au/drug-driving/get-the-facts/#:~:text=Roadside%20drug%20tests%20detect%20the,in%20Queensland%20for%20drug%20driving.
- https://www.vicroads.vic.gov.au/business-and-industry/heavy-vehicle-industry/preventing-alcohol-and-drug-related-harm-on-our-roads/drug-testing
