Professional drivers of trucks, buses and taxis/rideshare vehicles have gained a reputation for taking stimulating substances to stay awake to work for longer periods of time without rest.
There are long hours on the road, and while there are now mandatory logs and rest hours required each day, prescription and illicit drug use remains an issue that could land a driver in court.
Drivers are often paid by productivity: the more driving done, the higher the pay. This incentive results in drivers working more to get paid more.
A study found that one in five truck drivers regularly use stimulants to stay awake and over half were found to have taken stimulants at some stage in their driving careers. Taxi drivers show similar figures.
Read more about drug driving offences in Victoria
The drugs typically used to keep drivers awake are reported to be:
- Speed
- Ice
- Methamphetamine
- Ecstasy
Influences of drugs
Stimulant drugs speed up signals between the body and brain, but can also cause attention problems, disorientation, aggression, and once the stimulant effect has worn off, fatigue.
Maximum driving hours
- Truck and bus drivers – 12 hours in a 24-hour period (with exceptions for a 14-hour work period)
- No legal limit for taxi drivers
Fatigue and impaired driving kicks in after we’ve been awake for about 15 hours, and a driver may be subject to criminal charges if a serious accident is caused by preventable fatigue.
Legalities of drug driving
It is illegal to drive a motor vehicle under the influence of an illegal drug. There is, however, a difference in terms of whether a person was under the influence of a drug, or had the drug in their system, since many drugs have a long half-life, leaving the residue in the body but no longer exerting an influence that might affect function.
A good example is cannabis, which can stay in the body for many days or weeks, giving a positive test but a person is certainly days later not under the influence of the drug. This delay can make drug-driving cases tricky. Methamphetamine can be detected in the body over 24 hours post-administration, so if you partied the day or night before work, the drug may still be in your system while you’re driving.
The Road Safety Act (section 49) regulates drug driving and says it is an offence to drive a motor vehicle while under the influence of drugs or alcohol to the extent that the driver is unable to have proper control of the vehicle.
It has so far been held to mean that any trace of the drug in the body means the driver was under the influence of the drug since it’s difficult to tell what exactly the drug is still doing if not exerting an influence on our body.
What the police can do
Victoria Police can take a roadside saliva sample, and if they find any trace of an illicit substance, an infringement notice may be served. You may be required to appear in court and face licence suspension, large fines or even prison. These charges are recorded on your criminal record.
Defences of drug driving
If you have had drugs detected in your system while driving, we recommend you contact us or another specialised criminal lawyer immediately for advice. We’ll need to discuss the situation and see where we can help you. (The first chat is free – call us.)
We will discuss a possible defence or guilty plea, to help you keep your licence and avoid a conviction.
The way the sample was taken is important, with strict policies in place. Any failure of the police to properly follow protocol could result in the sample being inadmissible.
There is a three-hour time limit between driving and the saliva test. If you haven’t driven for more than three hours, you can legally refuse a saliva test.
Magistrates are conscious that your licence provides your income, and they maintain discretionary powers to take this into consideration when handing down their verdict. If this is your first offence, your behaviour, conduct and the specifics of the scenario (i.e. how much drug was detected in your system) will be examined. Your willingness to cooperate and comply with any training or further activities like counselling also matter.
Why it’s important to see a lawyer quickly
The penalties for drug driving can be debilitating, especially for a professional driver, so talk to us immediately so we can help you through the case. We can’t guarantee outcomes, but we can navigate the court systems and defences that are open to you quickly and effectively.
Where possible, we aim to keep your licence and reduce or eliminate any fines or charges. While this isn’t always possible, that’s usually the goal. In serious cases where keeping your licence is out of the question, we’ll help you work through the case and put your best foot forward to minimise punishments.
The courts take a staunch stance on drug and drink driving due to the risks posed to the community.