If you have been issued with an infringement notice for drug-driving (Infringement), this page outlines how your oral fluid sample will be sent to an approved laboratory for further testing, and provides you with information about how your Infringement will be dealt with, depending on the result of the laboratory test.
Before you were issued with the Infringement, a sample of your oral fluid was tested by a prescribed oral fluid test device.
The result of the test indicated your oral fluid sample contained a prescribed illicit drug.
In Victoria Police's experience, prescribed oral fluid test devices produce accurate results in most cases. To confirm the result was accurate in your case, Victoria Police will send your oral fluid sample to an approved laboratory for further testing.
The following outlines how your Infringement will be dealt with, depending on the result of the laboratory test.
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If the laboratory test result confirms your oral fluid sample contains a prescribed illicit drug, the Infringement remains enforceable, and your obligations and options (such as your right to object to the Infringement) are detailed on the Infringement.
If this happens, you will not be notified of the laboratory test result, unless you object to the Infringement.
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If the laboratory test result does not confirm the presence of a prescribed illicit drug in your oral fluid sample, the Infringement will be withdrawn, and no penalty will apply to the Infringement.
If this happens, Victoria Police will let you know by writing to you at the address you have given to Victoria Police. If you have paid the fine, your payment will be refunded.
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If Victoria Police does not receive the result of the laboratory test within 28 days after the date of the Infringement, the Infringement will be withdrawn.
If this happens, Victoria Police will let you know by writing to you at the address you have given to Victoria Police. If you have paid the fine, your payment will be refunded.
Your oral fluid sample will still be tested by an approved laboratory.
If the laboratory test result confirms your oral fluid sample contains a prescribed illicit drug, you will be issued with a new infringement notice for the alleged offence.
If the laboratory test result does not confirm the presence of a prescribed illicit drug in your oral fluid sample, no further action will be taken.
You can object to the Infringement within 28 days after the date of the Infringement.
If you object to the Infringement, and the laboratory test result confirms your oral fluid sample contains a prescribed illicit drug, Victoria Police will seek to have your matter determined in court based on the result of the laboratory test.
If you do not object to the Infringement, and within the objection period the laboratory test result confirms your oral fluid sample contains a prescribed illicit drug, you will automatically receive a conviction for the offence, regardless of whether you have paid the fine or not.
Further information about the fines process can be found on the Fines Victoria website at or by calling Fines Victoria on (03) 9200 8111 between 8am and 6pm, Monday to Friday.
Callers from regional Victoria can call Fines Victoria on 1300 369 819 for the cost of a local call.
Information in your language
If English is your second language, we have translated information available on the drug driving infringement process.
- Drug driving infringement process (Arabic)
- Drug driving infringement process (Assyrian)
- Drug driving infringement process (Dari)
- Drug driving infringement process (Dinka)
- Drug driving infringement process (Hindi)
- Drug driving infringement process (Karen)
- Drug driving infringement process (Kirundi)
- Drug driving infringement process (Persian)
- Drug driving infringement process (Punjabi)
- Drug driving infringement process (Simplified Chinese)
- Drug driving infringement process (Somali)
- Drug driving infringement process (Spanish)
- Drug driving infringement process (Swahili)
- Drug driving infringement process (Thai)
- Drug driving infringement process (Traditional Chinese)
- Drug driving infringement process (Turkish)
- Drug driving infringement process (Vietnamese)
Reviewed 27 April 2023