Drug driving penalties QLD
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Getting charged with a drug driving offence can be a stressful and confusing time in a person’s life. You may have thought you were safe to drive or didn’t realise the substance was still in your system. Whatever the circumstances may be, it’s important to seek legal advice to understand the legal process, possible penalties you may face and the best options moving forward.
At Drink Driver Lawyer we specialise in all drink driving and drug driving offences across Queensland. We have successfully defended thousands of clients charged with drug driving offences, often resulting in the minimum penalties and helping them secure work licenses, ensuring our clients are back on the road for employment purposes.
For a free confidential consultation about your case, call us on 07 3999 8661 for a free case review.
What constitutes drug driving in Queensland?
There are two main drug driving offences in Queensland. These offences are known as driving with a ‘relevant drug in your saliva or blood’ and driving ‘under the influence of a liquor or drug’. Under traffic legislation, you do not need to be physically driving your vehicle, merely being ‘in charge’ is enough for police to prove you committed an offence.
Although both offences sound similar, there are key differences in how they are defined and the penalties involved.
Driving while relevant drug is present in blood or saliva
This offence occurs when you test positive for a relevant drug during roadside saliva testing, even if you are not visibly impaired. You can be charged based solely on the presence of the drug in your system.
Common relevant drugs include:
- Cannabis (THC)
- Methamphetamine (ice)
- MDMA (ecstasy)
- Cocaine
Driving under the influence of a liquor or drug
This offence occurs when you’re so adversely impacted by a relevant drug that it affects your ability to drive and makes it unsafe for you to control a motor vehicle. The police must prove there was actual impairment while driving, it goes beyond simply having drugs in your system when driving.
Examples of driving under the influence of drugs:
Swerving in traffic
Driving significantly under or above the speed limit
Slurred speech, bloodshot eyes and erratic behaviour
Significantly slow reaction times when responding to traffic signals
What are the penalties for drug driving in QLD?
Driving with relevant drug: The maximum penalty for driving with a relevant drug in your system is a fine up to $2258 or imprisonment up to 3 months. There is also a mandatory minimum disqualification period of 1 month to 9 months, depending on your circumstances the Magistrate can impose a disqualification at the minimum or within that range.
Driving under the influence of drugs: The maximum penalty for driving under the influence of drugs is a fine up to $4500 or imprisonment up to 9 months. There is a mandatory minimum disqualification period of 6 months, however, the Magistrate has discretion to impose a longer period depending on the circumstances of the offence.
How is drug testing conducted in Queensland?
Queensland police may require drivers to participate in a roadside drug test, the police will usually swab a drivers mouth to detect presence of any relevant drugs. If the test returns positive, a secondary test will undergo at either a police station or mobile police van. An immediate 24-hour driving suspension will apply if the secondary test returns positive, you will then be issued a notice to appear (NTA) in court.
In cases where police reasonably suspect a driver is impaired, they may also require a blood sample to be taken for testing. Refusing a saliva or blood test will result in additional charges and you will be facing the same penalties as someone who has committed high range drink driving.
What legal defences are there for drug driving charges?
- Extraordinary emergency: There may be a defence applicable if you can prove there was an emergency that was so extraordinary it required you to drive while a relevant drug was in your system. The courts will also consider if a reasonable person would have acted similarly in the same situation.
- Duress: This defence can apply if you can prove you were forced to drive under a threat of serious and immediate harm.
- Involuntary intoxication: This defence is difficult to prove, you must show the court that the drugs were administered without your consent. You must also prove that you had no reason to suspect you were under the influence.
- Mistaken Identity: A defence of mistaken identity can apply if you can prove that you were not the driver of the vehicle at the time of the offence.
When should you seek legal advice for a drug driving charge in QLD?
You should seek legal advice immediately after being charged with a drug driving offence. A lawyer will be able to review the charges and advise you on the possible penalties and the best steps moving forward.
For a free confidential case review, call us on 07 3999 8661
Our legal strategy for reducing drug driving penalties in QLD
Initial consultation
During the initial consultation our lawyers will get to know you and provide you with clear legal advice.
Case assessment
Our experienced drug driving lawyers will review your case, and determine the strength of the prosecutions case against you.
Developing a defence strategy
After reviewing your case, our lawyers will develop a clear defence strategy aimed at achieving the best possible outcome in court.
Court representation
Our lawyers are prepared, skilled and determined to relentlessly advocate on your behalf in court. We follow your instructions and ensure your defence is presented professionally before the courts.
Drug driving penalty FAQs
What are the legal limits for drugs in Queensland?
There are no legal limits for drugs in Queensland. If you have a relevant drug in your system, you will be charged.
Can I refuse a drug test in QLD?
No. Refusing a drug test will result in additional charges and you will receive the same penalties as someone convicted of high range drink driving. This will include a mandatory minimum disqualification period of 6 months with no maximum period.
How long does a drug driving charge stay on my record?
If a conviction is recorded, it goes on your criminal record but may become spent after 10 years with no further offences. Contacting one of our lawyers can help you prepare a strong case to request no conviction to be recorded.
Can I apply for a work licence after a drug driving offence?
You cannot apply for a work licence if you’re charged with driving under the influence of drugs. However, you may be eligible if you’re charged with driving with a relevant drug present and meet strict criteria.
Will I lose my car or face impoundment?
Police generally do not have the power to impound your vehicle solely for a drug driving offence. However, if you fail to provide a blood, saliva, or breath specimen, and it’s your second Type 2 offence within a 5-year period, your vehicle can be impounded for 7 days. If further Type 2 offences are committed, the impoundment period can increase to 90 days.