Am I ever allowed to drive stoned? Particularly if I don't look stoned.
You're really not, and if you do get behind a car and into an accident then fine you made your decisions and you own them but the problem is that you're not the only one on the road and you could kill people that do not deserve to be taken in to your stupidity.
Having said that. It's not legal to drive under the influence of drugs.
How can police tell if you're high?
With a blood or urine test. Sure, the effects of some drugs may or may not be as easy to detect as someone who is blind drunk but Victoria Police have and use the technology and power to check for drug impairment.
What happens if and when you are drug tested by Victoria Police?
Victoria Police can require you undergo a drug assessment test, the test needs to be videotaped and you have to be given a copy (usually). If Victoria Police make an assessment based on your interview, that you can't be trusted to drive a car and you look or appear to them to be smashed then you may be asked to give a blood or urine sample.
These are the three things you can be charged with if you are drug impaired
- Driving while drug impaired
- Refusing to undergo a drug impairment assessment
- Refusing to comply with a requirement to provide a blood or urine sample after a drug impairment assessment
If you are driving stoned you can also be charged with/or these things:
- Driving while a prescribed illicit drug (cannabis, ecstasy, meth) is present in the driver’s fluid or blood
- Providing a sample of fluid or blood within three hours of driving that contains a prescribed illicit drug (cannabis, ecstasy, meth)
- Refusing to provide a preliminary sample of oral fluid or a sample for oral fluid testing and analysis
The difference with the driving while drug impaired with driving while a prescribed illicit drug is in your system is not insignificant even though it seems like the same thing. The former is about any drug (it could be prescription medication that you have taken too much of), the latter is about prescribed illicit drugs like Mary Jane, (no one calls it Mary Jane anymore David...).
Because the police will record your drug assessment test, can they use that to charge you with other drug offences?
No, because the recording is only to show that the process of being interviewed by the police was legal as required by the Act. This alone doesn't protect you from police charging you with a drug of dependence though. If your car has twenty ounces of weed in and you're incredibly high or you've got a kilo of ice and you're also chewing your face off then well, different story.
Don't drive stoned, if you do you're breaking the law and you're an idiot.