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Clarity Law

Specialist Traffic Law Firm Queensland
Monday, 10 July 2023 13:00

Cocaine testing for drivers starts in Queensland

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Queensland has become the one of the first states in Australia to introduce roadside testing for cocaine. The new testing program, which began on 7 July 2023, uses saliva swabs to detect the presence of cocaine in drivers' systems.

 

Introduction

The introduction of cocaine testing in Queensland is a response to the growing problem of drug-driving in the state. In 2022, there were 61 people killed in crashes involving a drug-driver or rider in Queensland. This was an increase of 20% from the previous year.

The new testing program is intended to help to reduce the number of drug-driving deaths in Queensland. It is also expected to deter drivers from using cocaine before getting behind the wheel.

The approval of the “drugwipe” salvia testers manufactured by Securetec has made the testing for cocaine possible.  Previously the tests only looked for traces of MDMA, Amphetamines and THC.  The manufacturer claims the tests can be completed in 5 minutes.

It’s important to note that the roadside test is not what is relied on to prove the charge of drug driving. A sample is still sent to a Queensland laboratory for testing, and it is this test that finally determines if cocaine is present in the saliva or not.  The roadside test is merely an indication that cocaine may be present thus allowing the police to arrest a person for drug driving subject of course to the actual test coming back positive.

The level of cocaine in the system is also not tested, just whether or not there is any scientifically measurable amount of cocaine.

It is important to remember that even if you have not used cocaine recently, you could still test positive for the drug. This is because cocaine can stay in your system (or at least the salvia) for up to 48 hours after you have used it.

 

 

Types of drug driving charges in Queensland

There are two possible drug driving charges in Queensland either;

  • driving whilst a relevant drug is in the system; or
  • driving under the influence of a drug (“DUI”)

In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

If cocaine is detected roadside and the driver is not otherwise showing signs that the drugs are affecting their ability to drive they would be charged with driving with a relevant drug in their system.

In Queensland we have mandatory periods of disqualification which means even a first offence of drug driving will lead to the loss of the drivers licence and the potential need for a work licence application.

 

Penalties for drug driving

The penalties for drug-driving in Queensland are severe. Drivers who are convicted of first time drug-driving can face fines of up to $2,167, loss of their driver's licence for up to 9 months.

See this article for more information on drug driving penalties in Queensland.

 

Key Takeaways

Here are some of the key points about the introduction of cocaine testing for drivers in Queensland:

  • The new testing program began on Friday, July 8, 2023.
  • The tests use saliva swabs to detect the presence of cocaine in drivers' systems.
  • The tests are expected to help to reduce the number of drug-driving deaths in Queensland.
  • The penalties for drug-driving in Queensland are severe.

If you are caught driving with cocaine in your system, you could face the following penalties:

  • A fine of up to $2,167
  • Loss of your driver's licence for up to 9 months (for a first time open licence holder)
Last modified on Tuesday, 11 July 2023 13:06
Steven Brough

Steven Brough is the Founder of Clarity Law.  He is one of the most experienced traffic lawyers in Queensland having appeared in court many thousands of time throughout Queensland since 2010.  He has authored over 100 articles about every aspect of traffic law in Queensland.

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