Illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle

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

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

Charges

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Cases

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All outcomes

Males

Females

Aged 18 to 24

Aged 25 to 54

Aged 55 and over

*Note: unavailable options have under 10 cases

Charge data

In the Magistrates' Court, 137 charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle were sentenced in the three years to 30 June 2023. The most common sentence for a charge of this offence was a fine (67.2% or 92 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 133 cases sentenced in the Magistrates' Court in the three years to 30 June 2023, each case included at least one charge of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle. Among the 133 cases, 109 people were male and 24 people were female. The most common outcome for cases was a fine (59.4% or 79 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.

Bar graph showing sentence types imposed for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 1**: Sentencing outcomes for all charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 137 charges**

Bar graph showing imprisonment lengths for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 2**: Imprisonment lengths for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 1 charge**

Bar graph showing lengths of community correction orders for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 3**: Community correction order lengths for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 29 charges**

Bar graph showing fine amounts for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 4**: Fine amounts for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 25 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Stacked bar graph showing sentences imposed each year for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 5**: Sentencing outcomes for all charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 137 charges**

Bar graph showing the number of charges each year for the offence of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 6**: Number of charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 137 charges**

Bar graph showing imprisonment lengths each year for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 7**: Average imprisonment lengths for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 1 charge**
**Note**: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph showing fines amounts each year for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 8**: Average fine amounts for charges of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 25 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing sentence types for all offenders for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9A**: Sentencing outcomes for all people for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 133 cases**

Bar graph showing sentence types for male offenders for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9B**: Sentencing outcomes for males for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 109 cases**

Bar graph showing sentence types for female offenders for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9C**: Sentencing outcomes for females for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 24 cases**

Bar graph showing sentence types for offenders aged under 25 for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9D**: Sentencing outcomes for people aged under 25 for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 7 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9E**: Sentencing outcomes for people aged 25 to 54 for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 118 cases**

Bar graph showing sentence types for offenders aged 55 and over for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 9F**: Sentencing outcomes for people aged 55 and over for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 8 cases**

Bar graph showing imprisonment lengths for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 10**: Imprisonment lengths for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 14 cases**, including imprisonment only (9 cases) and imprisonment combined with a community correction order (5 cases).

Bar graph showing non-parole periods for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 11**: Non-parole periods for all people for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 9 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing lengths of community correction orders for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 12**: Community correction order lengths for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle
**Number: 25 cases**

Stacked bar graph showing sentences imposed each year for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 13**: Sentencing outcomes for all cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 133 cases**

Bar graph showing the number of cases each year for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 14**: Number of cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle for all people by financial year
**Number: 133 cases**

Bar graph showing the average imprisonment length each year for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 15**: Average imprisonment lengths for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 14 cases**

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle — **Figure 16**: Average imprisonment lengths and non-parole periods (NPPs) for cases of illicit drugs found in an oral fluid test within 3 hours of being in charge of a motor vehicle by financial year
**Number: 2 cases**
**Note**: *NPP Cases* in the graph indicates that only cases with a non-parole period are included.