Managing the drug-driver: insights from Victoria’s large-scale roadside testing program

Background

In 2004 the State of Victoria (Australia) introduced mass roadside testing of drivers at the roadside for THC and methamphetamine (MA) using oral fluid tests supported by laboratory-based testing.  MDMA was added in 2006. 

In the 2022-23 financial year 150,600 roadside oral fluid drug tests were conducted (6.9% positive) Offences are defined under the Road Safety Act (1986) and include driving impaired and testing positive to one of the three proscribed drugs via oral fluid. A criminal conviction may be recorded upon sentencing. A range of penalties apply, increasing in severity based on the number of prior offences. First-time drug-driving offenders may be issued an infringement where their licence is automatically suspended, or they may be required to attend Court; repeat offenders attend Court.

This research aims to document the Court-issued penalties for drivers testing positive for an illicit drug at the roadside via oral fluid testing. Though expert consultation program refinements are identified.

Methods

Adult criminal Court sentencing data from the Victorian Sentencing Advisory Council SACStat database was used. Addiction / medical specialists and legal experts were consulted as a means of identifying opportunities for program refinement. 

Results

From 2018 – 2021 14,396 drug-driving offences were sentenced by the Courts. A further 1,974 offences where a driver refused to undergo an assessment for drug impairment or refused to provide an oral fluid sample were sentenced. Most offenders were male (78.5%) and a high proportion were aged 25 – 54 years (86.2%); 10.8% were 18 – 24 years of age and 3.1% were 55+ years.

Sentencing outcomes include imprisonment (2.4%), Community Corrections Orders (CCOs) (21.4%), fines (68.9%), and Adjourned Undertakings (6.6%; e.g., assessment); 0.6% of charges were dismissed. 

The average imprisonment sentence was 1.7 months, while the average sentence time for a CCO was 13.5 months (95% < 24 months). CCOs can required participation in a drug treatment program. These offenders also receive a fine. The average fine amount was €393 (85% < €606). 

The licence of all offenders was either suspended or cancelled, all are required to complete a Drug-driving Behaviour Change Program (two or four sessions), and drivers have a 0.00 BAC condition for 3 years upon relicensing. 

Experts consulted highlighted challenges of treatment access, matching individual needs to available programs, program capacity, and the punitive nature of sanctions. The need for proportional, risk-based approaches to manage offenders was highlighted. 

Conclusions

A range of opportunities to refine the existing drug-driving program exist, including the introduction of a range of therapeutic responses designed to manage the underlying addiction, mental health, and broader socio-economic challenges experienced by drug-driving offenders. Adoption of a therapeutic-justice approach was considered optimal as a means of reducing repeat drug-driving.