Drink-drug penalties up

Drivers can face a double offence for driving with drugs and alcohol in their systems from 1 August. 111824 Picture: JESSE GRAHAM

By JESSE GRAHAM

FROM the start of August, drivers caught under the influence of both drugs and alcohol can face severe penalties, after the government recently announced new double-offences.

On Sunday 12 July, Acting Minister for Roads and Road Safety Natalie Hutchins announced two new offences for drink-drug drivers, which will come into effect on Saturday 1 August.

The first offence will be for drivers caught being “in charge of a motor vehicle” with an illegal blood alcohol concentration (BAC) level and the presence of an illicit drug.

The second will cover providing a blood sample within three hours of driving, which contains an illegal BAC level and illicit drugs – meaning drivers can be caught after driving.

Drivers caught under the new laws will have a minimum 12 month licence cancellation, and face a maximum court fine of $4550, as well as impoundment if their BAC is 0.10 (twice the legal limit) or higher.

For those who are repeatedly caught flouting the law, fines will rise sharply to between $13,650 and $40,959, depending on the blood alcohol content (BAC) and previous offences – 18 month’s imprisonment is also on the table, depending on the number of offences.

Repeat offenders will also have a minimum two-year licence cancellation, and can have their car immediately impounded or immobilised by police for 30 days, plus extra time that may be applied by the courts.

There is currently no offence for drivers caught with both alcohol and drugs in their system – people can only be charged with drink-driving or drug-driving, but not both.

The new law fills in that loop-hole, and Ms Hutchins said drivers with both drugs and alcohol in their systems were 23 times more likely to be involved in a fatal crash, compared to sober drivers.

“We are fed up with people who mix alcohol and illicit drugs and the risks they pose to Victorian families on our roads,” she said.

“The Andrews Labor Government is cracking down on idiotic drink and drug drivers to make our roads safer and to help reduce road trauma.”

The new double-offence carries at least 50 per cent higher penalties than individual drink-driving or drug-driving offences – this, according to Ms Hutchins, reflects the danger of combining the two substances and getting behind the wheel.

To add to the mountain of penalties against drivers charged under the new laws, any driver or motorcyclist whose licence or learner permit is cancelled due to the new offence must install an alcohol interlock in any vehicle they drive as a condition for getting their licence back.

Interlocks must be installed for a minimum of six months for first-time offenders, and up to four years for repeat offenders – and a three-year zero BAC licence condition.

The interlocks are also managed through the courts, and so Alcohol Interlock Condition Removal Orders must be applied for through the Magistrates’ Court.

The announcement of the new law follows the government allocating $15 million in this year’s State Budget for 10 new drug and booze buses.

The government said the larger fleet would allow 100,000 people to be tested each year for drugs, and will keep dangerous drivers off of the road.

The Mail repeatedly attempted to contact the Yarra Ranges Highway Patrol for comment on the new laws, but received no response by deadline.

For more information on the new offence, visit www.vicroads.vic.gov.au from 1 August.