Drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Legislation: Road Safety Act 1986 (Vic) s 49(1)(bb)

Maximum penalty: 12 penalty units (first offence); 60 penalty units (second offence); 120 penalty units (subsequent offence)

Period: 1 July 2020 to 30 June 2023

Jurisdiction: Magistrates' Court

On SACStat, a charge is a single count of an offence
On SACStat, a case is a collection of one or more charges sentenced at a hearing

*Note: unavailable options have under 10 cases

Charge data

In the Magistrates' Court, 973 charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs were sentenced in the three years to 30 June 2023. The most common sentence for a charge of this offence was a fine (68.2% or 664 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 934 cases sentenced in the Magistrates' Court in the three years to 30 June 2023, each case included at least one charge of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs. Among the 934 cases, 738 people were male and 196 people were female. The most common outcome for cases was a fine (57.3% or 535 cases).

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Figure 1: Sentencing outcomes for all charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 973 charges

Bar graph showing sentence types imposed for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 1 in the Excel data file for the data in this graph.

Figure 2: Imprisonment lengths for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 5 charges

Bar graph showing imprisonment lengths for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment)

See Table 2 in the Excel data file for the data in this graph.

Figure 3: Community correction order lengths for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 154 charges

Bar graph showing lengths of community correction orders for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 3 in the Excel data file for the data in this graph.

Figure 4: Fine amounts for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 168 charges

Note: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing fine amounts for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 4 in the Excel data file for the data in this graph.

Figure 5: Sentencing outcomes for all charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 973 charges

Stacked bar graph showing sentences imposed each year for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 5 in the Excel data file for the data in this graph.

Figure 6: Number of charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 973 charges

Bar graph showing the number of charges each year for the offence of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 6 in the Excel data file for the data in this graph.

Figure 7: Average imprisonment lengths for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 5 charges

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph showing imprisonment lengths each year for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 7 in the Excel data file for the data in this graph.

Figure 8: Average fine amounts for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 168 charges

Note: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing fines amounts each year for charges of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 8 in the Excel data file for the data in this graph.

Figure 9A: Sentencing outcomes for all people for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 934 cases

Bar graph showing sentence types for all offenders for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9A in the Excel data file for the data in this graph.

Figure 9B: Sentencing outcomes for males for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 738 cases

Bar graph showing sentence types for male offenders for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9B in the Excel data file for the data in this graph.

Figure 9C: Sentencing outcomes for females for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 196 cases

Bar graph showing sentence types for female offenders for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9C in the Excel data file for the data in this graph.

Figure 9D: Sentencing outcomes for people aged under 25 for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 107 cases

Bar graph showing sentence types for offenders aged under 25 for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9D in the Excel data file for the data in this graph.

Figure 9E: Sentencing outcomes for people aged 25 to 54 for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 792 cases

Bar graph showing sentence types for offenders aged 25 to 54 for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9E in the Excel data file for the data in this graph.

Figure 9F: Sentencing outcomes for people aged 55 and over for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 34 cases

Bar graph showing sentence types for offenders aged 55 and over for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 9F in the Excel data file for the data in this graph.

Figure 10: Imprisonment lengths for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 187 cases, including imprisonment only (124 cases) and imprisonment combined with a community correction order (63 cases).

Bar graph showing imprisonment lengths for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 10 in the Excel data file for the data in this graph.

Figure 11: Non-parole periods for all people for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 123 cases

Note: Imprisonment terms do not include a community correction order.

Bar graph showing non-parole periods for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 11 in the Excel data file for the data in this graph.

Figure 12: Community correction order lengths for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

Number: 122 cases

Bar graph showing lengths of community correction orders for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 12 in the Excel data file for the data in this graph.

Figure 13: Sentencing outcomes for all cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 934 cases

Stacked bar graph showing sentences imposed each year for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 13 in the Excel data file for the data in this graph.

Figure 14: Number of cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs for all people by financial year

Number: 934 cases

Bar graph showing the number of cases each year for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 14 in the Excel data file for the data in this graph.

Figure 15: Average imprisonment lengths for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 187 cases

Bar graph showing the average imprisonment length each year for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See Table 15 in the Excel data file for the data in this graph.

Figure 16: Average imprisonment lengths and non-parole periods (NPPs) for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs by financial year

Number: 22 cases

Note: NPP Cases in the graph indicates that only cases with a non-parole period are included.

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of drive or be in charge of a motor vehicle while exceeding the prescribed concentration of drugs

See 16 in the Excel data file for the data in this graph.