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If you are facing a charge of drug driving on the Gold Coast, then the penalties you may be facing are serious and there is little time to act in protecting your licence. Queensland drug driving offences have mandatory disqualification periods and fines of many thousands of dollars, as well as a criminal record that haunts you for years. What you do in the coming few days will matter more than most people think.
Drink Driver Lawyers is a traffic law specialist firm with an office located in Southport on the Gold Coast. Every week the Southport, Coolangatta, Beenleigh and Brisbane Magistrates Courts deal with drug driving charges. If you want to discuss your options, contact us for a free first consultation.
What happens after a positive roadside drug test on the Gold Coast
Most people we hear from are still trying to figure out what has happened. The process after a positive roadside test is quick, and the consequences begin well before you set foot in a courtroom.
The 24-hour suspension and what it means for your licence
Once you return a positive result for the roadside drug test, your licence is suspended for 24 hours on the spot by the Queensland Police. You are unable to drive your motor vehicle away from the scene. This is an administrative suspension and not a court-ordered penalty. This applies whether or not the lab results later confirm your results.
The suspension for 24 hours does not count towards any disqualification period that the court may impose later. Consider this as a separate penalty. If you are pulled over during this period, you are charged with driving while your licence was suspended.
How long until you receive your court date
Once the oral fluid test is complete, it is sent to the lab to confirm the results. The lab test can take anywhere between four to twelve weeks. However, it is common for it to take longer. You cannot get your court date until the lab results come back and confirm that there is a drug in your system.
The police will then issue you a Notice to Appear (NTA) or complaint and summons. Your court date is then set. On average, it can take three to five months before you get your first mention in the Magistrates Court. Use this time. It is the best time to get legal representation and start building your case.
Drug driving charges in Queensland explained
Under Queensland law, there are differences depending on the charge. The difference is relevant as the penalties, defences, and matters the prosecution must prove vary depending on the charge.
Driving with a relevant drug present in saliva or blood
This is the most common charge of driving under the influence of drugs on the Gold Coast. The charge states that if you have a relevant drug present in your saliva or blood, then you have committed a crime. The law states, according to the Transport Operations (Road Use Management) Act 1995, Section 79(1), that if you have a relevant drug present in your saliva or blood, then you have committed a crime. It does not have to be proved that you were affected by the relevant drug. It simply has to be proved that the relevant drug was present.
The relevant drugs are THC, which is associated with the use of marijuana, methylamphetamine, or ice, as well as ecstasy. If the laboratory finds any of these drugs present, then you have committed the crime. It does not matter the extent of your impairment.
Driving under the influence of drugs
This is a more serious charge. Driving under the influence of a drug is a charge that needs proof that your ability to drive a vehicle was impaired in some way by the drug. It often involves additional evidence beyond the test on your saliva, which may include observations made by the police about your behaviour, speech, coordination, or driving pattern.
The penalties and disqualification periods are more serious for DUI drug charges than the “relevant drug present” charge. Although they are less common than the “relevant drug present” charge, they are the charge the police are most likely to bring in cases where there has been an accident, erratic driving, or obvious signs of impairment at the roadside.
Penalties for drug driving on the Gold Coast
The penalties for drug driving in Queensland will vary depending on if it is a first offence or a repeat offence, and what charge you are facing. The courts have some leeway, but the legislated mandatory periods of disqualification are set.
First offence penalties
For a first offence for driving with a relevant drug present, the maximum penalty is 14 penalty units, which equates to $3,000, and a maximum imprisonment term of three months, although imprisonment for a first offence is extremely rare. The court must also disqualify your licence for a minimum period of one month, with a maximum term of nine months.
For a first offence DUI drug charge, the maximum penalty is more severe, at 28 penalty units or imprisonment for nine months, and a minimum term of six months’ licence disqualification.
Repeat offence penalties
The escalation of penalties for the second and subsequent drug driving offences is rapid. The maximum penalty fine is increased, and the minimum penalty for a driving ban is also increased. The leniency shown by the court for a second and subsequent offence is much lower, and the possibility of a short jail sentence becomes a reality.
If you have previous drink driving offences, you will be considered a repeat offender. The law in Queensland states that drink driving and drug driving offences constitute the same category of offence. If you have a previous mid-range drink driving offence and you are subsequently charged with drug driving, you will be considered a repeat offender.
How cumulative disqualification periods work in Queensland
This is one of the most misunderstood aspects of Queensland’s drug driving laws, and it catches people who are repeat offenders unaware. Disqualification periods in Queensland are cumulative, not concurrent. This means that if you are currently disqualified for an existing offence, and you receive another one, the new disqualification period will be added to the one you already have, rather than being served concurrently with it.
For example, if you have four months remaining on a disqualification from a previous offence and a further six-month disqualification for a new drug driving offence, you will be looking at a total period of ten months before you can apply to have your licence restored. There is no discretion available to the court to overlap these periods.
This stacking rule is why legal advice on repeat drug driving charges can help minimise the total time you spend off the road. The difference between how charges and pleas are entered can make a difference to the total time spent off the road. An experienced drug driving lawyer will take into account the total disqualification time from day one.
How a drug driving lawyer can change your outcome
Self-representation on a drug driving charge is certainly possible. However, the difference between what the average person can achieve on their own and what a specialist traffic lawyer can achieve is quite marked. That, of course, is where the difference in legal representation makes a difference.
Challenging the roadside test procedure and laboratory results
The police have to follow certain procedures while performing the roadside test. The saliva testing kit has specific conditions that have to be satisfied, as does the sample. The lab test also has to satisfy certain criteria, which can then be used as evidence. If any of these processes are defective, then the prosecution case has a flaw.
We consider the entire brief of evidence in every drug driving case, including the roadside procedure and the continuity of the evidence, right through to the certificate from the laboratory. In some cases, this gives us the basis to dispute the evidence. In other cases, it gives us the basis to negotiate a better result.
Presenting mitigating factors to the Magistrate
Even in circumstances where evidence against you is strong, the penalty is not automatically levied. Queensland Magistrates have room for discretion in determining where in the range you are placed, and this is directly affected by what your lawyer presents to the court.
Mitigating factors could also include your personal circumstances, your work situation, family responsibilities, any steps you may take since the offence was committed (for example, completing a drug education course), and your general traffic history. We take detailed submissions regarding mitigating factors for each and every client because the difference between the minimum and maximum period of disqualification could be several months.
Avoiding a criminal conviction on your record
A conviction for a drug driving offence will appear on your criminal record. For many of our clients, this is the consequence they fear the most. It can impact employment applications, professional licences, security clearances, and even visa applications.
For first offence drug driving charges, we are in a position to make representations to the court for a section 19B order, which results in the court finding the offence proven but not recording a conviction. This is not always possible, and the court will take into account factors such as the seriousness of the offence and your character, and whether it would be disproportionate to record a conviction. However, in some circumstances, it is definitely possible to avoid a criminal record.
Keeping your licence after a drug driving charge
The most immediate and practical consequence of being charged with drug driving is that you lose your licence. For those who need their licence for work, this can mean that they lose their job. While Queensland law does allow for the possibility of continuing to drive, this is much narrower than most people think.
Restricted work licence eligibility and how to apply
If you have been accused of driving with a relevant drug present and it is your first offence, you may be able to apply for a restricted work licence. A restricted licence allows you to drive during the ban period only for work purposes. A restricted licence does not allow you to drive anywhere or at any time. You can only drive during set hours and on set routes for the set purpose.
There are several factors that determine if you are eligible for this. First of all, it must be your first offence of drug driving, and you must have no previous drink driving disqualifications within the last five years. You must also have a genuine need to drive to work, and you have to convince the court that you are a proper person to have a restricted licence. The application for a work licence is a separate court procedure and must be lodged correctly.
Why special hardship orders do not apply to drug driving
This is another point of confusion. In fact, many people will type into Google “special hardship order” after being charged with drug driving, and believe it to be the same as a work licence. It is not.
Special hardship orders are only applicable in the case of drink driving charges when the disqualification was ordered by transport authorities and not the court. They are not applicable in the case of drug driving charges at all. If you have been charged with a drug driving offence, the only way you can be granted a restricted driving licence is a restricted work licence, but only if you qualify under the above criteria.
We frequently talk to people who have spent weeks researching and preparing their case for a special hardship order, only to arrive at their first appointment and be told it was never an option. If you’re facing drug driving charges, focus on the work licence from the outset.
The real-world consequences most people do not think about until court
The first thing people worry about after being charged with drug driving is the court penalties. However, there are two consequences that affect people just as much, and they always seem to blindside people because they are not included in the charge sheet.
How a conviction affects employment background checks
A drug driving conviction is a criminal conviction. It will appear on a national police check, which is standard for all employers in Australia. If you require a police clearance, blue card, security licence, or any form of government clearance, a drug driving conviction will appear.
Some sectors are more vulnerable than others. Those involved in the transportation and logistics industry, health and medical services, teachers, childcare workers, security personnel, and anybody involved in government and defence work will be impacted. But even for those outside the regulated sectors, many employers conduct police checks as part of the selection process. A conviction for a one-off offence committed while giving a roadside test can impact your job prospects for years to come, depending on the spent convictions legislation applicable to your state and the employer’s policies.
This is one of the strongest reasons for fighting for a non-conviction order where possible. The fine and ban period end. A criminal record does not, at least not quickly.
Travel restrictions after a drug driving conviction
A drug driving conviction can also impact your right to travel internationally. The country that causes the most problems is, unsurprisingly, the United States. The US asks visa waiver applicants whether they have ever been arrested or convicted for an offence involving a controlled substance, and this includes a drug driving conviction in Australia.
Canada has the same rules. If you have a conviction related to drugs, you may be deemed inadmissible to Canada. In order to gain entry, you would have to apply for rehabilitation or a temporary resident permit. Other countries, like Japan and the Southeast Asian nations, may also have the same rules when it comes to visa applications.
For people whose work or family schedules require a great deal of travelling, this consequence alone is often worth the expense of a lawyer’s services. If we can keep you from ever being convicted, this problem goes away altogether.
Prescription medication and drug driving charges in Queensland
Prescribed cannabis, also referred to as medicinal marijuana, is increasingly becoming a cause of drug driving offences on the Gold Coast, and many people have expressed surprise at being charged. They have a legitimate prescription, take the drugs as required by the prescriber, and therefore believe they are safe to drive. They are, however, not, according to Queensland law.
THC is a relevant drug under the Transport Operations (Road Use Management) Act, and this applies even if you are prescribed this drug. If THC is found in your saliva during a roadside drug test, you could be charged even if you took your drug hours or days ago and feel fine and unimpaired. There is no provision in the law for a medical defence for driving while THC is present in your system.
This leaves patients who rely on the medication, as prescribed, for conditions like chronic pain, PTSD, anxiety, and other conditions, in a difficult position. They have the legal right to the medication, but they don’t have the legal right to be driving with the medication in their system. The detection period of THC in oral fluids can be far longer than the period of any associated psychoactive effects.
We are seeing more and more of these types of cases. Although the position as it currently stands does not offer any clear defence, the circumstances of prescribed use are powerful mitigating factors in sentencing. We have been able to ensure that our client in this position receives a lesser sentence and, in certain circumstances, avoids any criminal record at all. If you are using prescribed cannabis and are charged, you should seek advice before your court date.
What to do right now if you have been charged
The time between being charged and your first court appearance is the time you have the most control over the outcome. Here’s what you need to know right now.
Your right to remain silent at the roadside
You are required to give your name and address, along with your licence, to the police. Other than that, your right is to remain silent. You are not required to answer questions about your whereabouts or what you have taken. Anything said to the police on the roadside can and will be used against you.
Police are trained to ask seemingly casual questions. But “When did you last smoke?” or “What have you had tonight?” are not casual questions. They are data collection. Be polite, follow the testing protocol, but don’t volunteer any information.
Steps to take before your first court appearance
The best way to begin is with a free consultation with an experienced drug driving lawyer. The sooner you seek advice, the more choices you have. Some processes, like work licence applications, have set deadlines that cannot be extended.
Note down everything you can remember about the traffic stop while it is still fresh in your mind, including the time, where it happened, what the police said to you, and how the test was conducted. Gather your work records if you need to apply for a restricted work licence. Gather character references from employers or workmates who can talk about your character. If necessary, gather documentation on your medication if you are on prescribed medication.
These steps take time. Do not leave them until the week before court.
Why Gold Coast clients choose Drink Driver Lawyers
Specialist traffic law focus with 25+ years of courtroom experience
We are not a general practice firm that does the odd traffic case. Our specialisation in drug driving laws, paired with over 25 years of experience, means we have done thousands of drug driving cases and know the legislation and case law inside out, and the sentencing patterns of every local court.
When your livelihood depends on the outcome of the case, you want to have a lawyer whose whole practice is drug driving and traffic law. Our clients get the benefit of that level of knowledge every time we have to make submissions or negotiate with prosecutors and present their case to a Magistrate.
Gold Coast office in Southport with daily appearances in local Magistrates Courts
Our office in Southport is within walking distance of the Southport Magistrates Court. We appear in the local courts on the Gold Coast and surrounding areas every day of the week, including Southport, Coolangatta, Beenleigh, and Brisbane. That’s important, as we know all the Prosecutors and the Magistrates, and how each court works.
For all clients across the Gold Coast and Hinterland, as well as the northern New South Wales border region, having a law firm that is truly local means you don’t have to worry about the lawyer flying in from Brisbane for the day and flying out. We’re here, and we’re in these courtrooms every day of the week.
Get a free case review from a Gold Coast drug driving lawyer
If you have been charged with a drug driving offence on the Gold Coast, call us today for a free case review. We will outline the specifics of your charge and go through your options, so you have a clear picture of what to expect.
You can contact us via phone, or you can fill out the contact form on this page, and we’ll respond to you within one business day. The sooner you seek legal advice, the more we can assist you.
Frequently Asked Questions
Can I still drive while waiting for my laboratory results to come back?
Yes. Once your 24-hour suspension from driving on the roadside is over, you can resume driving until you get your court date. Your licence will not be suspended again until a penalty is imposed by the court. You can use this opportunity to seek legal representation.
How long does a drug driving charge stay on my criminal record in Queensland?
If the conviction is recorded, it will remain permanently on your criminal record. However, it may become a “spent” conviction after a stated period of time according to the Criminal Law (Rehabilitation of Offenders) Act 1986. The length of time this takes depends on the penalty. If no conviction is recorded under Section 19B, it does not appear on your criminal record.
Can I get a work licence if this is my second drug driving offence?
No. Restricted work licences are only available for first offenders and those whose last disqualification for drink driving or drug driving was more than five years ago. If you are a second offender, you are not eligible, even if you need a restricted work licence.
What drugs does the roadside saliva test actually detect?
Roadside saliva tests in Queensland can currently identify THC (the active component of cannabis), as well as methylamphetamine (also referred to as “ice” or “speed”), and ecstasy (MDMA). Cocaine, heroin, benzodiazepines, and prescription medications are not measured by the test; however, if a blood test is ordered in a hospital setting, it can identify other substances.
Will my employer find out about a drug driving charge?
Not necessarily. The Queensland Police will not inform your employer. However, if your occupation requires you to have a valid driver’s licence and inform your employer of any criminal charges, or if you need to frequently get police checks, you may need to inform your employer as part of your contract of employment. You need to consult your lawyer to determine how to inform your employer.