In Queensland, there are strict laws in place to prevent people from driving with certain drugs in their system or under the influence of any drug. This guide seeks to give you an overview of the penalties for drug driving in Queensland and what you can do if you find yourself in this situation.

What is drug driving?

Drug driving refers to the act of driving while under the influence of drugs or with certain defined drugs in your system. In Queensland, there are two types of drug driving offences:

• driving with a relevant drug present; and
• driving under the influence of a drug.

It is important to understand the two types of drug driving are the penalties are different.

Drug driving with a relevant drug in your system

A relevant drug is one of three drugs:

1. Methylamphetamine (also known as speed or ice),
2. MDMA (the active ingredient in ecstasy), and
3. THC (the active ingredient in cannabis).

If a police officer suspects that you have any of these drugs in your system, you can be pulled over for a random roadside saliva test.

Driving under the influence of a drug (DUI)

You can be charged with driving under the influence if the police believe that your driving has been compromised by a drug. Its important to note the drug can be any drug, even legally prescribed drugs.

The offence has the same penalties as high range drink driving.

Penalties for driving with a relevant drug present

If you are caught driving with a relevant drug present in your system, you will be charged with drug driving. In Queensland, there is a zero-tolerance policy for driving with a relevant drug present. This means that any trace of a relevant drug in your system will result in you being charged, regardless of whether your driving was affected by the drug or not.

If you are found guilty of drug driving, the penalties can be severe. You will be required to go to court, and your licence will be disqualified for a period of time. The length of your disqualification will depend on your licence class, previous driving record and how the offence occurred.

First time offenders on an open licence face a disqualification period of between 1 and 9 months. For those on a provisional licence or those who were unlicensed the disqualification period will be between 3 and 9 months.

If there are previous convictions for drug or drink driving in the last 5 years then the minimum penalty increases to 3 months and the maximum penalty increases to 12 months.

Penalties for driving Under the Influence of a drug

Driving under the influence of a drug is a more serious offence than driving with a relevant drug present. To be charged with this offence, the police must be able to show that you were intoxicated by a drug and that it was affecting your ability to operate the vehicle.

If you are charged with driving under the influence of a drug, your license will be immediately suspended until your matter is finalised in court. If you are found guilty, you will face a more severe penalty than if you were charged with driving with a relevant drug present.

Currently the minimum disqualification for a charge of driving under the influence of a drug is 6 months.

What factors will the court take into account in deciding the punishment?

The court will take into account, among other things:

• What drugs were in your system
• Whether you have prior drink or drug driving offences
• The extent of your traffic and criminal history
• Your age
• Your current work arrangements
• Your family situation
• How the disqualification will affect your work and family commitments
• How early you pleaded guilty
• Your participation in any courses such as QTOP
• How cooperative you were with police
• Your financial circumstances
• How the recording of a conviction might impact your future

Getting a work licence

If you find yourself facing a drug driving charge, you may be concerned about how it will impact your ability to earn a living. Fortunately, there may be an option available to you in the form of a work licence.

Applying for a work licence

If you have been charged with driving or being in charge of a vehicle with cannabis, ecstasy or ICE in your saliva or blood, commonly referred to as a relevant drug charge, you may be eligible for a work licence. However, it is important to note that this option is only available if you apply for it at the time you appear in court to plead guilty. You cannot apply for a work licence after the fact.

On the other hand, if you are facing a charge of driving under the influence of drugs (DUI), you cannot apply for a work licence or any other type of licence to continue driving during your disqualification period.

To be eligible for a work licence, you must meet certain requirements. Firstly, you must hold an open Queensland driver's licence. Secondly, you must not have any disqualifications or suspensions on your record within the past 5 years.

Benefits of a work licence

If granted, a work licence allows you to drive for the purpose of earning an income. This includes driving to and from your place of work using the shortest route possible as well as any other required work duties. Whether you are an employed or self-employed individual, a work licence can help ensure that your ability to earn a living is not unduly impacted by a driving charge.

If you are facing a drug driving charge, it is important to explore all available options to minimise the impact on your life and livelihood. A work licence may be a viable solution for those who meet the necessary criteria. For more information on applying for a work licence if charged with drug driving, please visit our work licence webpage or consult with a qualified legal professional.

Conclusion

Drug driving is a serious offense that can lead to severe penalties. If you are caught driving with a relevant drug present in your system or driving under the influence of a drug, you will be required to go to court, and your license will be disqualified. It is important to understand the penalties for drug driving in Queensland and to seek legal advice if you find yourself in this situation.

At Clarity Law, we can provide you with expert legal advice and representation to help you navigate the legal system and achieve the best possible outcome.

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you
2. Call us on 1300 952 255 seven days a week, 7am to 7pm
3. Click here to select a time for us to call you back
4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
5. Visit our drug driving page
6. Check out what we will charge you

Need more information?

We have a range of articles on drink driving on our blog.  Some of the most recent have included:

• The Essential Guide to Obtaining a Work Licence
• What happens after your drivers licence is disqualified?
• Drug Driving Charges Skyrocket
• Drug Driving Loopholes
• The Different Types of Drug Driving
• Negotiating with a Prosecutor in Queensland
• What is a QP9 and why is it important to your charge?
• Special Hardship Orders v Work Licences
• Drug Driving on Synthetic Drugs
• Essential Guide to Drug Driving
• Drug Driving Lawyer Brisbane
• Drug Driving in the Brisbane Magistrates Court