On the 1st January 2017 new tougher penalties were introduced in Victoria for refusing a drug test. For all offences of refuse a drug test committed on or after the 1st January 2017 there is now for the first offence a two year minimum disqualification and for a second offence within 10 years it is four years disqualification. These are mandatory penalties. This means the Magistrate has no discretion at all to lower the penalty or give you a work licence. It means without exception for any reason you must lose your licence for the minimum 2 year period for a first offence and four years for a second offence. These are harsh penalties and may cause you great hardship such as loss of your employment.

If you take the test and you test positive for an illicit drug then you face a 3 month licence disqualification. It would seem to me a better choice if you lick the stick and if the test is negative then there is no penalty. If it is positive well 3 months is much better than 2 years for refusing to lick the stick. If you have refused a drug test prior to the 1st January 2017 then the old penalty theoretically applies but many Magistrates and police prosecutors will try to have you punished under the new tougher penalties. I can avoid this for you. Legal representation will help you.

The other harsh aspect of this legislation is that drink driving and drug driving convictions are prior convictions to each other even though they are different offences. So if you had a low drink driving conviction 9 years before you refusal of a drug test then you face a 4 year minimum licence disqualification.

Please contact me on 0412 407577 to obtain legal representation at court