Drug Driving
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In Queensland there is a zero-tolerance system for drug driving – which means that if you are found to have any drugs in your system at all while driving a motor vehicle you will be charged. As such, having any trace of drugs in your system means you are liable for serious consequences should your charge be successfully prosecuted in court.
Roadside drug tests conducted by the police can pick up trace amounts of common substances such as Methylamphetamine, MDMA and THC referred to in the legislation as ‘relevant substances.’ If any amount of a relevant substance is found to be present, a positive result will show.
If you return a positive result for a relevant substance whilst you have been in charge of a motor vehicle, you could potentially be charged with two categories of drug driving:
- Driving while a relevant drug is present in your system or saliva – this is the more common charge and simply requires there to be a positive test result, irrespective of whether or not you are affected by the drug in question; and
- Driving under the influence of drugs – this is where your ability to drive has actually been affected by drugs, whether it is one of the specified relevant drugs or another substance.
Each drug driving charge has possible minimum disqualification periods and potential fines or imprisonment time. Generally, there will also be a period of immediate suspension from driving. It’s important to get advice about drug driving charges as soon as you are charged so that we may provide you with guidance, and certainty before making any Court appearances.
Driving while a relevant drug is present in your system or saliva.
If you test positive for drugs after undergoing saliva analysis and the police officer holds no concerns that your driving ability has been impaired, then you will be charged with driving whilst a relevant drug is present in your system or saliva. Once charged, you will be subject to a 24 hour immediate suspension of your driver licence irrespective of whether you currently have other drug driving charges before the Court. If you currently have one or more other drug driving charge before the Court however, your driver licence will be suspended immediately and only lifted once your matter has been finalised by a Court. Whilst first time convictions are most commonly dealt with by both a fine and a licence disqualification, those who have previous convictions of like offences can be at serious risk of imprisonment.
Driving under the influence of drugs
If it is suspected by a Police Officer that your ability to drive has been adversely impaired by the use of any drug (either a relevant drug, prescription drug, over the counter drug or other substance), you may be required to provide a blood specimen for analysis. Failing to do so, will result in further charges.
Once charged, your driver licence will be suspended immediately and only lifted once your matter has been finalised by a Court. This period of licence suspension before your matter is finalised in Court cannot be counted towards the mandatory minimum which the Court must impose, however, it can be taken into account when the Court uses its discretion to suspend your driver licence above the mandatory minimum. For this reason, it is imperative that you get legal advice as soon as possible to proceed your matter efficiently and to ensure that you don’t serve a longer period of suspension than what was necessary.
If you have been convicted of a drug driving offence in the previous five (5) years to your current charge, Prosecutions can allege a circumstance of aggravation. However, unless you have been served with a notice of intention to allege your previous convictions by Prosecutions prior to entering a plea of guilty, Prosecution cannot rely upon any previous convictions to raise the mandatory minimum. The Court can still take into account any prior convictions at the time of sentence.
Whilst first time convictions are most commonly dealt with by both a fine and a licence disqualification, those who have previous convictions of like offences or those that have particularly serious allegations of the offending can be at serious risk of imprisonment.
Information on Charges
The table on the Drug Driving Charges Page can provide a general indication of the sentence outcomes and related information for Unlicensed Driving Charges.
Driving under the influence of drugs
If it is suspected by a Police Officer that your ability to drive has been adversely impaired by the use of any drug (either a relevant drug, prescription drug, over the counter drug or other substance), you may be required to provide a blood specimen for analysis. Failing to do so, will result in further charges.
Once charged, your driver licence will be suspended immediately and only lifted once your matter has been finalised by a Court. This period of licence suspension before your matter is finalised in Court cannot be counted towards the mandatory minimum which the Court must impose, however, it can be taken into account when the Court uses its discretion to suspend your driver licence above the mandatory minimum. For this reason, it is imperative that you get legal advice as soon as possible to proceed your matter efficiently and to ensure that you don’t serve a longer period of suspension than what was necessary.
If you have been convicted of a drug driving offence in the previous five (5) years to your current charge, Prosecutions can allege a circumstance of aggravation. However, unless you have been served with a notice of intention to allege your previous convictions by Prosecutions prior to entering a plea of guilty, Prosecution cannot rely upon any previous convictions to raise the mandatory minimum. The Court can still take into account any prior convictions at the time of sentence.
Whilst first time convictions are most commonly dealt with by both a fine and a licence disqualification, those who have previous convictions of like offences or those that have particularly serious allegations of the offending can be at serious risk of imprisonment.
Information on Charges
The table on the Drug Driving Charges Page can provide a general indication of the sentence outcomes and related information for Unlicensed Driving Charges.
Drug Driving FAQs
Am I eligible for a work licence application?
Those charged with driving whilst relevant drug is in system or saliva may be eligible to apply for a work licence application. In many cases, getting a work licence can mean the difference between a disqualification ruining your life or not. For many, if they cannot get a work licence then their spouse, their family, their lifestyle and their freedom may suffer considerably.
This application must be made prior to finalising your drug driving charge in the Court as it will be taken into consideration at the time of sentence. Should you be successfully granted a work licence application, it is likely that you will be sentenced to a disqualification for a longer period of time than you otherwise would have.
Can I refuse to provide a saliva or blood sample for analysis?
Refusing to provide a sample sufficient for analysis to be undertaken, can result in one of two charges.
- Failing to provide a sample at the roadside, this includes other unnamed locations such as a person’s home; or
- Failing to provide a sample at a police station or drug testing bus.
Failing to provide a sample at the roadside can attract a penalty of a fine in excess of $5000 or six (6) months imprisonment. On the other hand, if you are charged with the most serious, failing to provide a sample at a police station or booze bus, it is treated as a high limit drink driving offence. The penalty for this offence is a fine in excess of $3500 or nine (9) months imprisonment along with a licence disqualification for a minimum of 6 months for a first time offender.
Don't take your chances! Contact the experts.
Given the seriousness of these consequences, we recommend that you engage an experienced traffic lawyer in order to provide you with advice on the best way to progress your matter, advocate for you in Court, and get you the best possible outcome.