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Getting a licence back after drug driving

Information about how driver can get their licence back after they are disqualified for drug driving.

Anyone who is found guilty of a drug driving (or combination drink and drug driving) offence must apply to court for a licence eligibility order after they have served the minimum period of licence cancellation and driver disqualification.

A licence eligibility order is not required if the driver had their licence suspended after being issued with a traffic infringement notice for drug driving.

See ss. 31A, 89D—Road Safety Act 1986 (Vic)(opens in a new window)

Behaviour change programs

Drivers will have to participate in a behaviour change program before they can get their licence back, unless an exception applies to their situation. The kind of program will depend on the offence that they were found guilty of.

Drivers who:

  • have been caught drink or drug driving before
  • were found guilty of a refusal offence
  • have been found guilty of serous driving offences involving drugs

will have to complete a more intensive behaviour change program. This program involves 3 x 3 hour group sessions and an individual counselling session.

VicRoads will advise the driver by mail which behaviour change program they have to complete.

See Licence restoration behaviour change programs.

Apply to court for a licence eligibility order

If someone has had their licence cancelled for a drug driving offence they will have to apply to court for a licence eligibility order before they can get another licence.

See How to apply to court for licence eligibility order and s. 31A—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 3—defines an accredited driver education course as one that is approved by the Secretary of the Department of Human Services
  • s. 31A—disqualified person requires licence eligibility order before applying for a licence or permit
  • s. 49(1)—sets out drug driving offences
  • s. 50A(2) if driver licence was not cancelled then VicRoads must cancel a driver licence if the driver did not complete a driver education course within 3 months of being required to do so
  • s. 50—provisions about licence cancellation and disqualification
    • s. 50(1C)(b)—imposes minimum disqualification period for subsequent offence—impaired by drug
    • s. 50(1D)—refuses a drug impairment assessment or blood or urine sample refusal
    • s. 50(1DA)—refuses to provide an oral fluid sample
    • s. 50(1E)—driver found with presence of drug in their blood, saliva or provide a sample within 3 hours of driving that shows presence of drug
  • s. 89D—suspension of licence for drug driving infringement

See Road Safety Act 1986 (Vic)(opens in a new window).

References

VicRoads

VicRoads also has a brochure, 'Getting your licence back: Information for drink and drug driving offences'.

See VicRoads—Alcohol and other drugs(opens in a new window).

Magistrates' Court

The court site has information about the process for getting another licence after it has been cancelled for drug driving.

See Magistrates' Court—Applying to get your licence back(opens in a new window).

Directline

Directline provides a 24 hour phone counselling, information and referral service for people who want to discuss drug and alcohol related issues. They can refer callers to a relicensing service following licence cancellation for a drug driving offence.

See Directline(opens in a new window).

Updated