We are asked everyday by people whether they can get a work licence, day licence or special hardship licence if they are disqualified by the courts or about to be.

In Queensland there are only two licences to allow a person to drive during a period of licence disqualification or suspension, these are work licences and special hardship licences.

A work licence is only available to people who are charged with a drink or drug driving offence and need to drive for work purposes.  The Government however only allows certain people to apply for a work licence.  To apply for a work licence you must be on an open Queensland drivers licence and the alcohol reading must be no more than .149.  You cannot apply if in the last five years you have had your licence suspended (unless it’s a SPER suspension), cancelled or disqualified.  This applies regardless of your circumstances (eg. You will lose your job, you can’t get your children to school etc). A work licence must be applied for at the time of sentencing for the drink or drug driving charge, it cannot be applied for later.  For full details on applying for a work licence see our work licence page.

A special hardship licence is only available to Queensland open or provisional licence holder who elect to go on a good driving period and lose 2 or more demerit points during that one year period.  A special hardship can also be applied for people who drive more than 40 km/h over the speed limit (high speed offence).  Like a work licence a person with a disqualification or suspension of the licence in the last 5 years cannot apply (a SPER suspension is an exception).  Unlike a work licence a Court can allow a person to drive for things other than for work purposes.  These need to be extreme circumstances such as on-going specialist, medical or counselling appointments.

The rules for a special hardship licence application are very complex, more details can be found on our special hardship licence page.

There are no licences available if you have already been disqualified by a Court and subsequently find you need a licence nor are there licences available if you have been charged with offences such as demerit point unlicensed driving.  If you do not qualify for a work licence or special hardship licence and are facing a disqualification by the courts then you will not be allowed to drive during that disqualification.

This area of law is changing constantly and you should get good legal help if you need to apply for a work licence or special hardship licence.

This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.  For more information on work licences and special hardship orders visit the driving law website or call 1300 952 255 7am – 7pm seven days a week.  

This article is for general information only and should not be relied upon as legal advice.

A high range drink driving is one of the most serious charges a person who has likely never been to court in Queensland can commit.

There are three different levels of drink driving for a Queensland open licence driver:

If you are charged with a high range drink driving charge in Queensland (also known as DUI or UIL) the mandatory minimum disqualification, for a first time offender, is 6 months and the court can impose a disqualification of anything up to an absolute disqualification.  Obviously your penalty will vary based on your exact alcohol reading, your traffic history, personal circumstances and the Magistrate handling your case.  This article is written to give someone facing a high range drink driving charge some idea of the court process.

What is a high range drink driving charge?

High Range drink driving is any drink driving charge in Queensland where the reading is at or above .15.  It is also known as a DUI that is driving under the influence but its actually more properly known as driving UIL that is driving under the influence of liquor.  The charge is contained in section 79 of the Transport Operations (Road Use Management) Act 1995.

What penalty will the court impose?

It is a given that someone charged with a high range drink driving charge is going to get a more severe penalty than that of a low or mid-range offender.  The law states that the licence disqualification period cannot be less than 6 months and will be imposed no matter what other penalties are also imposed.  The court will also almost always impose a substantial fine.

Exactly what penalty will be imposed depends on a number of factors including;

• Your reading

• Did a crash occur

• Was someone else in the car

• Why you were driving

• Your traffic and criminal history

• Your personal and work situation

• If you done a course like QTOP

• What Magistrate hears your matter

In essence the big factors are your reading, your traffic history and what your lawyers tells the court.

With a high range driving charge the absolute minimum disqualification period is 6 months (if you have no other drink driving or similar charges in the last 5 years) and there is no upper limit.

Learn more with our dedicated article on high range drink driving penalties.

What other penalties will the court impose?

In almost all cases the court will also impose a fine.  In addition there is an offender levy that everyone must pay.

In cases where the reading is very high or where there was an accident or if the person has other drink driving charges the court may consider imposing

• Probation

• Community Service order

• Imprisonment

What can I do to minimise the penalty?

You should always engage a traffic lawyer to represent you if charged with high range drink driving.  Your lawyer can work out what things you need to do to reduce your penalty especially considering what Magistrate might be hearing your case.  In general we have found the following things useful in trying to reduce the penalty:

• Character references

• Attending a driving course like Queensland Traffic Offenders Program (“QTOP”).  We are a proud sponsor of QTOP and believe it is one of the most powerful things people facing a high range drink driving charge can do before their court date.

• If you have any alcohol or mental health issues then obtaining appropriate medical help

Will I go to prison?

Generally first time offenders would not be likely to be sent to prison however this depends on a number of factors including;

• Was there a crash

• Was any other cars or property damaged

• Was anyone injured

• What the blood alcohol reading was

• If the person has a poor traffic history

• Which Magistrate hears the matter

Only an experienced traffic lawyer can advise if a prison sentence is likely, even if it the courts have the option of potentially suspending that sentence.  If you are worried about a prison sentence then get legal advice.  We have a article all about penalties for high range drink driving.

Will a conviction be recorded?

In Queensland a conviction for a high range drink driving charge will appear on your traffic history but not your criminal history.

In deciding whether to record a conviction the court under the law must consider the following factors;

• the nature of the offence; and

• the offender’s character and age; and

• the impact that recording a conviction will have on the offender’s—

  • economic or social wellbeing; or

  • chances of finding employment.

In assessing the character of a person the court will have a strong regard to that persons’ traffic history.

What happens in court?

We have 2 great articles that set out exactly how a drink driving charge is heard in Queensland.

• How Drink Driving Matters are Heard in Queensland

• Going through a drink driving charge in Brisbane Magistrate Court

Basically  the Court will ask you what is happening.  After you confirm a guilty plea then the police prosecutor will read from the QP9 and then a copy of your traffic history and criminal history (if you have one) will be given to the Magistrate.  You will then be asked to give what is known as a speech in mitigation which seeks to limit the sentence the Magistrate will impose on you.  After you are finished talking the Magistrate will give their decision. 

DUI, UIL and high range drink driving what’s the difference?

In practice DUI, UIL and high range all refer to the same thing.  DUI is driving under the influence, its term more associated with America rather than Australia but has been gaining more popularity over the years.

UIL means under the influence, it is largely being replaced by the term DUI but it is the more correct term used in Queensland and the term used in the law and in court.

High Range drink driving is a term commonly used in the court and by lawyers and prosecutors.  It can be used interchangeably with UIL.

Can I be charged with high range drink driving for refusing to give a breath test?

The police can charge you if you refuse to give a breath or blood test at the testing location (A RBT bus, the police station, the hospital etc).  The law then treats the offence like a high range drink driving charge with the same type of penalties.  This is a complicated area of the law.  We have an article that can provide some more information, that article can be found by clicking here.

If you refuse to give a sample of breath at the roadside this is a separate but less serious charge.

Can I be charged with high range drink driving for sitting in my car?

The law does not restrict where high range drink driving offence can occur. In other words, you can commit these offences anywhere. You only need to be:

• Driving a motor vehicle;

• Attempting to put it in motion a motor vehicle; or

• In charge of a motor vehicle.

We have encountered cases where people have been charged with drink driving offences where their car was:

• Parked in a driveway;

• Parked in a garage with the door shut;

• Parked in a shopping centre or pub carpark;

• Parked on the side of the road; and

• Being driven on a dirt track on private property.

In short, there is no where you can legally drink and drive. If you are found driving or in charge of a car anywhere in Queensland, you can (and probably will) be charged with an offence.

Can I apply for a work licence?

No, Work licences can only available to low to mid-range drink drivers. Regardless of your situation there is no way around this. There are other requirements you must meet to be eligible but if you are charged with high range drink driving you cannot apply for a work licence nor any other licence such as a special hardship licence  

If you are facing a high range drink driving charge it is important to have an experienced traffic lawyer and traffic law firm represent you to ensure you obtain the absolute shortest disqualification period and fine possible.

See our article on high range drink driving and work licenses.

Will I be subject to an Alcohol Ignition Interlock Device?

Anyone charged in Queensland with a high range drink driving charge (or 2 low or mid-range drink driving charges within 5 years) will be subject to having an alcohol ignition interlock device fitted to their vehicle at the conclusion of their suspension. The alcohol ignition interlock device is similar to a breath test device and is connected to your vehicles ignition. You must blow into with a zero alcohol limit before your vehicle will start. You will need to have the alcohol ignition interlock device for a minimum of 1 year.

The alcohol ignition interlock device needs to be installed by an approved provider and costs vary depending on your vehicle size and if you are a pensioner.  You will incur the costs associated with the rental, installation, servicing and removal of the interlock from your nominated vehicle. 

If at the end of your suspension period you decide not to have an alcohol ignition interlock device installed in your vehicle, you will be unable to drive for a further 2 years from the date your Court suspension ended.

Whilst there are grounds for an exemption, there are few and it is difficult to obtain. Grounds of exemption can be if you are residing in a remote location (over 150kms from an alcohol ignition interlock installer) or living on an island, have a medical condition preventing you from being able to use the device or you have extenuating circumstances. Please note that extenuating circumstances cannot be that you are unable to install the interlock for employment or financial reasons. 

It’s important to note that the court does not impose an interlock condition, it is a requirement imposed by Queensland Transport to get your driver’s licence back.  More information can be found on the Queensland Transport website.

The police told me I can’t drive until my court date, Is this correct?

If you are charged with a high range drink driving charge the police are supposed to serve you with a notice suspending your licence immediately.  This means that if your court date is 6 weeks away you cannot drive for 6 weeks prior to court and then in addition the court will impose a further disqualification if you plead guilty. 

The law does however allow a Magistrate to consider the time you were suspended before your sentence date when deciding what penalty to impose.

The penalty for being caught driving while on this suspension is very harsh.  Learn more from our article on driving on a police suspension.

Are there any defences to avoid the high range drink driving charge?

There are a number of possible defences to a drink driving charge, but the courts are reluctant to accept them. Some possible defences include not being in charge of the vehicle, not having driven in the 3 hours before the test.

It is also a limited defence if the police did not follow the correct procedure when requesting a sample of breath or blood.

In reality most defences are very limited.  We have a whole page about drink driving defences.

Can I just plead guilty online?

No, you must appear in court in person. 

If you live along way from the court where you are required to appear or live interstate then in some cases we can arrange to transfer the charge to a more convenient courthouse for you or for you to appear by phone (if your lawyer is present in court).

The Qld Court website has a list of all the courthouses in Queensland.

Can’t I just use the duty lawyer at court?

A duty lawyer is not about to assist people with drink driving charges unless you are at real risk of imprisonment.  If you don’t organize your own lawyer then you would have to face the Magistrate by yourself.

Remember if you are unsatisfied with the result then you must appeal to the District Court which will be a very difficult process.

High Range drink driving facts and myths

Demerit points – unlike some other states you will not occur any demerit points for a drink driving offence.

Section 10 – Section 10 applies only in NSW it does not apply in Queensland and we have no equivalent provision.  If you are charged with drink driving in Queensland you must get a licence disqualification.

When the disqualification begins – It begins the moment the court sentences you.

Work licence – There is not work licence, special hardship, day licence or any type of licence you can get if convicted of high range drink driving.

I wasn’t driving a car I was on a bicycle, scooter, horse etc – you can still be charged with drink driving but in must cases you won’t have a license disqualification.  We have a great article on drink driving on a lime scooter  

Should I get a Traffic Lawyer to represent me?

In a word, yes this is not an offence where you should simply turn up to the Court without a lawyer.  The consequences and penalties the Court may impose are too serious not to seek to minimise the penalty by having a drink driving lawyer with you.

If you have a bad traffic history, have previously been convicted of drink driving a DUI or drink driving Lawyer is critical.  We get 3-4 calls a week from people who represented themselves in court and received extremely harsh penalties and need to try and appeal the result.  In most cases an appeal is not possible or if it is will cost a huge amount for the legal fees.  It is better to have a lawyer from the start to minimise the drink driving penalty.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. Our fees are clearly posted on our website so that you know exactly what your costs will be.

To see what we will charge for a guilty plea to a drink driving charge click here

If I contacted you what would occur?

If you contact us then likely Steven Brough the firms founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Everyone of our lawyers are very experienced with thousands of courts appearances between them.

My court case is tomorrow, is that enough time to engage us?

We can take on cases urgently so just contact us and we can sort it out. If there is not enough time to prepare before the court date then we can arrange for the charges to be adjourned for a few weeks.

How do I get more information or engage you to act for me? 

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

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to book a teleconference at a time that suits you

4. Email our firms founder at This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink driving charge will have an impact on you, your family and your employment or business.  

What Courts do you cover?

We cover all courts in South East Queensland from the Gold Coast to Brisbane and the Sunshine Coast out to Toowoomba.  We have 6 offices in South East Queensland to assist people. The offices are locacted at 

Maroochydore

Brisbane

Brendale

Gold Coast

Ipswich

Loganholme

Need more information?

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

• High Range Drink Driving

• Top 5 Drink Driving Myths

• The Essential Guide to Obtaining a Work Licence

• Drink Driving on a Lime Scooter

• How Drink Driving Matters are Heard in Queensland

• What happens after your drivers licence is disqualified?

• Refusing a Breathalyser Test in Queensland

• Can you commit a drink driving offence in your driveway?

• Immediate suspension for drink driving

• Case Study - High Range Drink Driving and Disqualified Driving

• Three High Range Drink Driving Charges

• Special Hardship Orders v Work Licences

• High Range DUI

• Going through a drink driving charge in Brisbane Magistrate Court

• DUI Charges

This article general information only and not legal advice and is rewritten subject to our disclaimer that can be read by clicking here

We often get calls from people needing a special hardship licence for work purposes who also desire to be able to drive their children to school or other activities under that hardship licence.

First a bit of background, a special hardship licence or special hardship order is a licence that may be available to people who exceed their demerit points, elect to go on a 12 month good driving behaviour period and then during that period incur further demerit points.  In those circumstances unless a person applies for a special hardship licence then they will have their licence suspended for a minimum of 6 months and be unable to drive.  A person who has their licence suspended for exceeding the speed limit by more than 40 km/h (a high speed suspension) may also be eligible to apply for a special hardship licence. For more information about special hardship licences see our webpage - www.drivinglaw.com.au/hardship-licences.html

The special hardship licence is only available to people who are on a Queensland open or provisional licence and who have in the previous 5 years not had a licence suspension or disqualification (excluding SPER suspensions).

The special hardship licence is available where if the court were not to grant the order the applicant or their family would;

1.       suffer extreme hardship by depriving them of the means of earning a living; or

2.       suffer severe and unusual hardship for some other reason

To apply for a special hardship licence a person must lodge affidavits for themselves and their employer (if they are not self-employed) and must appear in their local court before a Magistrate to argue for the special hardship licence to be granted. For information on the timeline of a special hardship application see our previous article www.drivinglaw.com.au/blog/item/6-special-hardship-application-time-frames.html

In most cases it is relatively easy to establish that a person would suffer financial hardship if they lost their licence and as a result could not work.  What is much tougher is being able to establish that a person would suffer severe and unusual hardship if they could not drive their children to school or other activities.

It is important to note that a special hardship licence is not a licence to be able to drive whenever a person desires, the order for the special hardship licence, if granted by the Magistrate, will restrict the hours, days, reasons and places a person can drive.  The order will also restrict who a person can have in the car with them.  Therefore to be able to drive children a person would need to first convince the court that they or their family would suffer severe and unusual hardship if not able to drive the children and if that is established then the court will need to specify exactly where and when the children could be driven.

The general attitude of most Queensland Magistrates is that they will not grant a person the ability to drive their children to school or other activities. To be able to convince the Magistrate to grant the right to drive children to school generally a person would have to prove that;

1.        There is no public transport available to transport the children to school;

2.       There is no one else who could drive the children i.e a partner or family member (further Affidavits on behalf of these people may be required in some circumstances);

3.       The hours the parents work is such that driving the children to school is the only viable option to get them to school; or

4.       The children have special needs that means driving them to school is the only option.

When it comes to being able to drive the children to sporting or other activates the courts are even more reluctant to allow this.  Generally a person would only be able to drive their children to these activities if they could prove that

1.       The children have special needs such that the sporting or other activities help with or

2.       The children are competing at such a high level that if the parents cannot drive them they are likely to suffer severe and unusual hardship

The court would be looking for affidavit evidence from a doctor or a coach confirming the need to drive the children.

Due to the complexity of special hardship licence application, especially when requesting the licence to cover children’s needs it is important to engage a professional to represent you.

Clarity Law is Queensland’s leading traffic law firm covering every court is South East Queensland.

We undertake special hardship applications in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our drink driving page or call 1300 952 255 7am – 7pm seven days a week

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

Clarity Law's liability limited by a scheme approved under professional standards legislation.

Driving laws in Queensland are designed to keep everyone on the road safe. However, not all driving offences are created equal. Knowing the difference between careless driving and dangerous driving can help you understand the potential consequences you might face and how to respond if you are charged.

Careless Driving in Queensland

Definition and Legal Implications

Careless driving, also known as driving without due care and attention, is considered a traffic offence. It occurs when a driver fails to exercise the necessary care or attention while operating a vehicle. Though it's not a criminal offence, it can still result in significant penalties, including fines and even a jail sentence under certain circumstances such as when death or grievous bodily harm occurs.  The law in regards to careless driving can be found in section 83 of the Transport Operations (Road Use Management) Act 1995 (Qld).

Common Examples and Scenarios

• Skidding on a wet road and hitting a gutter or tree.

• Colliding with another vehicle because of being distracted by the radio.

• Accidents involving pedestrians or other road users due to inattentiveness.

What to Do if Charged

If you're charged with careless driving, it’s essential to seek legal advice immediately. You may be able to avoid disqualification from driving, although a mandatory loss of 3 demerit points applies if you plead guilty or are found guilty. If this breaches your good driving behaviour period, you might be eligible for a special hardship licence. For more information, you can visit our hardship licences page.

Dangerous Driving in Queensland

Definition and Legal Implications

Dangerous driving is a more severe offence and is classified as a criminal charge. It occurs when a driver operates a vehicle in a manner that is considered dangerous to the public. Unlike careless driving, the penalties for dangerous driving are much harsher and can include significant fines, lengthy licence disqualifications, and imprisonment.  The law can be found in Section 328A of the Criminal Code (Qld).

Examples and Scenarios

1. Failing to see a motorcycle before entering an intersection and unfortunately striking and killing the motorcyclist

2. Being temporarily distracted causing the car to run off the road into the other lane of traffic causing grievous bodily harm to passengers in another vehicle

3. Falling asleep at the wheel resulting in a collision with a power pole and serious injuries to the passenger in the car

4. Exiting the road after missing a turn, then turning too sharply in the dirt causing the vehicle to roll

5. Driving at excessive speed

6. Driving through a roundabout at excessive speed and cutting off other motorists

7. Striking and killing a cyclist after traveling too close to the vehicle in front

Distinction Between Dangerous and Careless Driving

The key difference lies in the intent and the level of risk posed. Dangerous driving involves a higher degree of recklessness and poses a greater risk to public safety and thus has a much harsher penalty.

Dangerous driving is generally reserved where the actions of the driver could be considered dangerous rather than merely careless or without due care and attention.  In deciding whether the driving was dangerous the court looks at the speed the vehicle was driven and whether the driving was dangerous to the public having regard to all the circumstances including:

• the nature, condition and use of where the accident occurred

• the nature and condition of the vehicle

• the number of persons, vehicles or other objects that are, or might reasonably be expected to be in the are

• If drugs or alcohol are in the drivers system

The expression ‘operates a vehicle dangerously’ generally does not require any specific state of mind from the driver as an essential element of the offense. A motorist might believe they are driving carefully yet still be guilty of dangerous driving. ‘Dangerously’ should be understood in its ordinary sense as something presenting a real risk of injury or damage. The ordinary meaning of ‘dangerous’ refers to a manner or speed of driving that poses a risk to others.

For driving to be considered dangerous, there must be an element that goes beyond mere carelessness and subjects the public to a risk greater than what is normally associated with driving, even by someone occasionally driving without due care and attention. Momentary lapses in attention that result in danger to the public are not however excluded from the offense of dangerous driving simply because they are brief.

The consequences of the defendant's actions or inactions cannot increase the criminality of their driving. The dangerous nature of the driving does not depend on the resultant damage.

Why Does it Matter if the Driving was Dangerous or Careless ?

It matters in two important ways;

1. The penalty for dangerous driving in Queensland is so much harsher than careless driving

2. Dangerous driving is a criminal offence

If the driving was in fact careless but the driver was charged with dangerous driving then this gives grounds to try and negotiate with the prosecutor to reduce the charge.

We have a whole article on negotiating with the prosecutor for traffic matters however in general negotiations with a prosecutor would fall into the following categories;

• Negotiations regarding the facts of what occurred

• Negotiations regarding a lower charge to careless driving (if charged with dangerous driving)

• Negotiations regarding withdrawing the charge entirely

Summary of Fey Facts

Key Differences Between Careless and Dangerous Driving

• Severity of the Offence: Careless driving is less severe and is typically treated as a traffic violation, while dangerous driving is a criminal charge.

• Penalties: Dangerous driving carries more severe penalties, including higher fines, longer licence suspensions, and potential imprisonment.

• Intent: Careless driving often results from a lapse in attention, whereas dangerous driving involves a higher degree of recklessness.

Conclusion

Understanding the difference between careless and dangerous driving is crucial for all drivers in Queensland. Both offences carry significant penalties, but dangerous driving is far more severe. If you find yourself charged with either offence, seeking legal advice is essential.

How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken hundreds of dangerous driving charges throughout South East Queensland.

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. Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about dangerous or careless driving. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a dangerous driving or careless driving charge will have an impact on you, your family and your employment or business.  

In Queensland police are increasingly undertaking drug driving tests in conjunction with normal drink driving RBT units. Police officers who are able to conduct the drug testing need to be specially trained in the use of saliva testing equipment and testing procedures. The number of Police that are now qualified to conduct the drug tests has increased dramatically in the last few years as well as the addition of 13 specially built drug testing vehicle to Queensland roads.  There is going to be an increasing amount of drug driving charges.

For example the amount of drug driving tests for the last 3 years include;

2014 - 21,000 drivers were drug tested in Queensland

2015 – 33,000 drivers were drug tested in Queensland

2016 – It has been estimated that over 50,000 drivers will be tested in Queensland

The roadside drug driving tests are carried out by taking a swab of a driver’s salvia.  The tests are designed to pick up the following illegal drugs;

1.       THC – the active component in cannabis

2.       Methylamphetamine – also known as speed, ice or crystal meth

3.       MDMA – also known as speed

A person caught with these drugs in their system will normally be charged with driving with a relevant drug in the system. When you are charged with this offence your licence will usually be suspended for a 24 hour period. Depending on your circumstances and traffic history it is possible to apply for a work licence if you are charged with driving with a drug in your system.

If the driver appears to be under the influence at the time they are driving or is believed to be affected by a drug to such an extent that they are endangering the public they will be charged with the higher of the two drug charges being, driving under the influence of a drug. If you are charged with this offence your licence will be suspended immediately up until your matter is dealt with by the Court. If you receive a driving whilst under the influence of drugs charge you cannot apply for a work licence. Further, if you are believed to be under the influence it is not uncommon for the Police to then search your vehicle for drugs or drug paraphernalia.

It is also possible to be charged with driving under the influence of drugs if you are driving a vehicle with legal drugs in their system, that being legally prescribed medication.  The decision is made at the police’s discretion as to whether they believe the drugs have affected the person to such a degree that their driving was impaired. 

If the police suspect a person has been impaired they may be required to give a sample of their blood for further testing. At the time a blood test is taken you are allowed to request that the Police provide you with a sample of your blood so you can have it tested independently.

A key component to proving the charge in court will be the statement of the arresting officer and their observations of the driver as well as the saliva or blood test results, which are confirmed in a drug analysis certificate.  The blood test will generally report the amount of the drug in the person’s blood as well as any comments from a medical officer as to what impairment an ordinary person would have with that level of drugs in the system.

A refusal to provide a drug test will result in a charge of failing to provide a drug test. This is a serious charge and is dealt with harshly by the Courts. If you are charged with failing to provide a sample you will be dealt with as if you were under the influence.

A person who pleads guilty or is found guilty of the UIL charge is subject to the same punishment as a high range drink driver that is a minimum of 6 months disqualification of their drivers licence and no ability to apply for a work licence.

Queensland has some of the harshest penalties for drug drivers in both fines and suspension periods.   It is critical to get good advice about the charge and whether you might be able to apply for a work licence.  Information on applying for a work licence can be found on our work licence page.

Here at Clarity Law we represent drug driving charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can call 1300 952 255 7am – 7pm seven days a week.  Check out our drug driving charge for more information.

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  We are also not health professionals and our observations on drug driving is based on our knowledge of representing hundreds of drug driving client’s overs the past 15 years and not any specific medical training.

Similar to drink driving charges which are categorised as either low, medium or high range, drug driving has different categories in which you can be charged under.

If you are charged with drug driving you will either be charged with having a relevant drug in your system or, and more seriously, driving whilst under the influence of a drug.

The drug driving tests look for traces of the following drugs being relevant in your system:

1.       THC – the active ingredient in cannabis

2.       Methylamphetamine – also known as speed and ice; and

3.       MDMA – the active ingredient in ecstasy.

Although the police can require a blood test to test for drug driving the most common way to test is through taking a sample of a person’s saliva.

If the preliminary saliva test is negative you will be free to go immediately. If a drug is detected in your saliva (positive result) you will be required to undertake a second saliva test. If the second test is again positive for drugs your driver’s license will be suspended for 24 hours. The remaining saliva sample will be sent to a laboratory and following the result you may be notified and charged with a traffic offence of drug driving. A person caught with these drugs in their system will normally be charged with driving whilst a relevant drug is in the system.

If the results of a drug driving test comes back positive it is irrelevant whether you’re driving was affected by having illicit drugs in your system. This means that for example, if you consume marijuana a couple of weeks before being tested you will still be charged with drug driving if the results are positive (marijuana can stay in your system for up to 40 days). However, saliva tests are designed only to react to the active ingredient of a drug. Therefore the period in which drugs can be detected varies depending on quality and quantity of the drug that has been ingested, the period of time since taking the drug and the frequency of use of the drug.

Driving whilst under the influence of a drug

You are likely to be charged with driving under the influence of a drug if you are pulled over by the police and appear to be under the influence of a drug eg. Red eyes, slurred speech, twitchy etc. If the Police believe you are under the influence of a dangerous drug or even a synthetic drug (for more information on this see our article about synthetic drugs) it is likely that they would search your vehicle. Quite often we have clients who are charged with possession of a dangerous drug and/or utensils and drug driving at the same time.

It is also possible to be charged with driving under the influence of a prescription drug if the police believe you have been affected to such a degree by the prescription pills that you pose a risk to other road users.

If you are charged with this offence your licence will be suspended immediately. You cannot apply for a work licence and face at least a 6 month disqualification.

Having a relevant drug in your system

If you undergo a drug driving test and it comes back positive but you appear to be sober you will be charged with having a relevant drug in your system.  This is the lesser of the two drug driving charges. When you are charged with having a relevant drug in your system your licence will be suspended for a 24 hour period.

If you are charged with having a relevant drug in your system, depending on circumstances, you are eligible to apply for a work licence.

This article is written by Steven Brough.  Steven has over 14 years experience dealing with this type of charge and appearing in Queensland Courts.  You can ring Steven on 1300 952 255 or email him at This email address is being protected from spambots. You need JavaScript enabled to view it. or visit our dedicated drug driving lawyer page.

Disclaimer:

The information provided is for informational use only, and are in no way intended to constitute legal advice or to create a lawyer-client relationship, and you should not act or rely upon any information appearing in this article without seeking the advice of a lawyer. Moreover, because the law is constantly changing, the information appearing in this article are not guaranteed to be correct, complete, or up-to-date.  Steven and Clarity law only undertake matters in Queensland.

Clarity Law's liability limited by a scheme approved under professional standards legislation.

PLEASE NOTE THIS ARTICLE IS NOW OUT OF DATE - THE 21 DAY LIMIT HAS NOW BE REMOVED

A special hardship licence is a type of licence that may be issued by a Queensland Court to persons who travel over the speed limit by more than 40kms over hour (high speed suspension) and/or exceed their points on a good driving behaviour period. There are no other circumstances in which you can apply for a special hardship licence. A special hardship licence allows you to drive during the suspension of your licence (generally 6 months).

A special hardship licence can only be used for the purposes stated by the Court; you cannot use a special hardship licence to drive to the shops, university, or unpaid work experience unless this is specified in the Order. A special hardship licence is designed to allow you to keep your job and continue to earn a living where a driver’s licence is an essential component to you earning that living or for some other specified serious reason.

Depending on which Magistrates Court your application is to be heard in depends when your application will be heard. Some Courts hear Special Hardship Application weekly, some fortnightly and some only monthly. Again, as it is a nominated Court application you may request a date for a month or two away if you need to for any reason.

When you receive a fine which breaches your good driving behaviour period you can continue to drive as normal up until mid-night before your suspension date. However you cannot drive after that time until you have filed your Application for a Special Hardship with the Court and QLD Transport. 

The suspension date is allocated by Queensland Transport. When you make payment, part payment of your fine or the debt is referred to the State Penalties Enforcement Register (SPER), Queensland Transport is then notified that you have breached your Good Driving Behaviour period and that you need to be issued a suspension date. A letter is then sent out to you, usually 2-3 weeks after you make payment, part payment or the debt is referred to SPER. The suspension date will be on the letter and will generally be a further 2-3 weeks from when you receive the letter.

If you wish to hurry the process along than make payment or a part payment as soon as you can so that Queensland Transport will become aware and issue a suspension date sooner. If you wish to put it off than do not make payment or a part payment until the day before the fine is due.

It is critical to ensure Queensland Transport has your current postal address as it is an extremely important letter. If you are unaware of your suspension date and are caught driving you will be charged with unlicensed driving.

You can file the Application for a Special Hardship Licence and supporting material on your suspension date, which ensures that you are only unable to drive on that day until you have filed your application and material. It is also good to your application if you do file the application on the suspension date in that it shows that you are unable to go for a period of time without a licence.

If you chose not to file your application for a special hardship application on the first day of the suspension you only have 21 days from the suspension date to file your application for a special hardship licence there is absolutely nothing can be done if you exceed the 21 days.

The application and material needs to be filed with the Magistrates Court closest to where you reside, where you will be issued a Court date. Then you just need to attend the corresponding Queensland Transport office to serve them with copies of your application and material. Once that is done you may continue to drive, as normal, up until midnight before your Court date. 

Having a Lawyer prepare and undertake your Special Hardship Licence Application is critical to ensure that your application is successful.

This article is written by Steven Brough one of Queensland’s most experienced traffic lawyers and contains general advice only not legal advice.  For more information on Special Hardship Applications visit the our Special Hardship Application webpage on our driving law website or call 1300 952 255 7am – 7pm seven days a week

Please see our new article on driving on a police suspension in Queensland.

Driving whilst under the influence of a drug is illegal in Queensland and this includes synthetic drugs.

What are synthetic drugs?

Synthetic drugs are designed to mimic the effects of regular drugs, alter your mind, and therefore affect your ability to drive in the same way.

There is currently a blanket ban in Queensland on the possession and/or sale of synthetic drugs or any substance that is designed to have a psychoactive effect other than alcohol.

Why can’t you drive under the influence of synthetic drugs?

Currently Queensland police are able to take swabs at the roadside of a person’s salvia to see whether illegal drugs have been consumed.  This drug test however only tests for marijuana, methamphetamines and MDMA.  It is likely that a person who consumed a synthetic drug would pass this test.

If you are drug tested and pass the Police, if they reasonably believe you are affected by drugs they are still able to order you to undergo a blood test. If you refuse you may be charged with failing to provide a specimen and drug driving. Failing to provide a specimen charge will result in a more severe penalty than a high reading.

What is the penalty?

One major issue with being charged with drug driving with a synthetic drug in your system is that you will be considered to be driving under the influence this means that;

• You face a minimum of 6 months disqualification of your licence
• You cannot apply for a work licence
• A conviction being recorded may affect your ability to easily travel to another country especially the USA and Canada.

One bizarre outcome of the legislation is that often people caught by the salvia test with MDMA, Marijuana or methamphetamines can be charged not with driving under the influence but with driving with a relevant drug in the system and if that is done a person faces a minimum of 1 month disqualification and they can apply for a work licence.

If you have a drug driving charge and need a great drug driving lawyer then please contact us for more information or visit our drug driving page for more information.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here. 

How do I get more information or engage you to act for me? 

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 have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

You can click here to check out our prices

Need more information?

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

• Drug Driving Loopholes

• Evading the police

• Can you be charged for watching other people do a burnout?

• Why You Should Never Represent Yourself in Court for a traffic matter

• Traffic Offender Programs

• What is a Traffic Lawyer?

• What Happens After Police Have Charged Me with a Traffic Offence?

• Do you need a Traffic Lawyer?

• Negotiating with a Prosecutor in Queensland

• What is a QP9 and why is it important to your charge?

• Special Hardship Orders v Work Licences

• Disqualification vs Suspension, what is the difference in Queensland?

• Will I get a criminal conviction for a drink driving charge?

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

• Criminal Lawyer

What our clients say about us

Defences to a charge of evading police

The charge of evading police is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country.  The government have shown a continued desire to see people jailed for evading the police.

The question then becomes are there any defences to the charge of evading police?

First we will look at what evading police is, then the consequences and finally we will look at 5 potential defences.

What is evading police?

Section 754 of the Police Powers and Responsibilities Act 2000 (Qld) provides that to be charged with evading police (also called failure to stop) the driver of a motor vehicle must have failed stop the motor vehicle as soon as reasonably practicable after a police officer has directed them and a reasonable person would have stopped the motor vehicle in the circumstances.

Generally the offence would occur when a police officer in a police vehicle attempts to stop a driver who fails to do so within a reasonable time and thus evades police.

What is the punishment for evading police?

The law provides the penalty as:

Minimum penalty—50 penalty units or 50 days imprisonment

Maximum penalty—200 penalty units or 3 years imprisonment

This meant that the court has to impose either a fine of $7,740 (a penalty unit is currently $154.80) or a term of imprisonment or no less than 50 days. 

The law also provides a minimum drivers licence disqualification of 2 years and unfortunately the court cannot grant a work licence or hardship licence.

Evading police is also classed as a type 1 hooning charge which can have quite severe consequences.   For the first Type 1 offence, the vehicle can be impounded or immobilised for 90 days. For the second offence the vehicle can be impounded and may be confiscated at the end of any legal proceedings against you, 

I’ve received an evasion notice because my car was involved in a police chase

If the police are unable to intercept the vehicle then they may choose to serve an evasion offence notice on the registered owner of the motor vehicle.  If that occurs the owner of the motor vehicle has 14 business days to give a declaration to the police otherwise they will be deemed to be the driver of the vehicle involved in the evasion offence.

It is critical to respond to the evasion notice within the time limits and to get legal advice about that declaration.

We have a full article on what to do if you are served an evasion notice. 

Are there any defences to the charge of evading police?

Some possible defences to an evasion charge might be that;

1. the driver stopped the vehicle as soon as practical
2. a reasonable person would not have stopped the vehicle in the circumstances
3. the police officer was not in a police vehicle at the time of the direction to stop
4. someone else was driving the vehicle
5. the direction to stop was not given clearly and the driver did not realise they were directed to stop

Lets look at each of those defences in turn.

Defence 1: the driver stopped the vehicle as soon as practical

Whether the driver stopped the vehicle in time is obviously something that will be unique to each case and depends very much on the circumstances.

The courts have said that in relation to similar laws that;

“the question whether a measure is or is not reasonably practicable is one which requires no more than the making of a value judgment in light of all the facts. Nevertheless, three general propositions are to be discerned from the decided cases:

• The phrase “reasonably practicable” means something narrower than “physically possible”
• What is “reasonably practicable” is to be judged on the basis of what was known at the relevant time; and
• To determine what is “reasonably practicable” it is necessary to balance the likelihood of the risk occurring against the cost, time and trouble necessary to avert that risk”

This defence will really come down to looking at all the facts and deciding at the time of the alleged offence did the driver stop as quickly but safely as possible given the road conditions at the time.

Defence 2:  a reasonable person would not have stopped the vehicle in the circumstances

It is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer.

Defence 3: the police officer was not in a police vehicle at the time of the direction to stop

This pretty obvious.  The police officer must be using a police vehicle at the time they tried to stop the other vehicle.  A police vehicle is not defined but would likely mean any vehicle owned by the Queensland police service.

Defence 4: someone else was driving the vehicle

Again this is pretty obvious if someone else was the driver then this would be a defence.  It is critical to note that where the police have not been able to identify the driver they will serve an evasion notice on the owner of the vehicle.  This requires the owner within 14 days to provide a statutory declaration that names the driver or if they claim not to know who the driver then the declaration must cover all of the following:

• where the owner was when the evasion offence occurred
• the usual location of the vehicle when it is not being used
• the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when evasion offence occurred
• the way each potential driver has access to drive the vehicle Example—A potential driver possesses a key for the vehicle and has access to where the vehicle is kept
• how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle
• whether each potential driver uses the vehicle in connection with a business or for private use
• whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened
• the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened

If they don’t provide this information the owner can be declared the driver and subject to prosecution.

We have a full article on what to do if you are served an evasion notice.

Defence 5: the direction to stop was not given clearly and the driver did not realise they were directed to stop

The law sets out how the police must give a direction to stop.  The law states that to give a direction the following must occur:

• the police officer is in or on a Queensland police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and
• the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and
• the police officer signals to the driver of the other motor vehicle to stop the motor vehicle—
  • by giving a physical or audible signal; or
  • by displaying a warning light or warning lights and sounding an alarm.

A warning light is defined as:

• flashing blue and red lights;
• a flashing blue light;
• another flashing light, including alternately flashing headlights and alternately flashing tail-lights.

It is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle.

An emergency vehicle is listed as any of the following:

• the Queensland Ambulance Service
• an ambulance service of another State
• the Queensland Fire and Emergency Service
• fire brigade or service of another State.

This is very complicated area of law and you will need legal advice to determine if you have any defences to an evasion charge.

Summary of evading police offence and potential defences

1. Definition of Evading Police

• Failure to stop a motor vehicle promptly after a police officer has directed them.

• Occurs when a driver fails to stop within a reasonable time, evading police.

2. Penalties for Evading Police

• Minimum: 50 penalty units or 50 days imprisonment.

• Minimum 2-year driver's license disqualification; no work or hardship license available.

• Classified as a Type 1 hooning charge with additional consequences for repeat offenses.

3. Evasion Notice for Vehicle Owners

• If police can't intercept the vehicle, they may serve an evasion notice on the registered owner.

• Owner must respond within 14 business days, providing a declaration about the driver's identity.

4. Potential Defences:

• Defence 1: Driver Stopped Promptly

• Depends on unique circumstances of each case.

• Courts consider if the driver stopped as quickly and safely as possible given road conditions at the time.

• Defence 2: Reasonable Person Wouldn't Have Stopped

• Sufficient evidence to prove charge if the driver took action to avoid interception by a police officer.

• Defence 3: Officer Not in Police Vehicle

• Police officer must be in or near a police vehicle at the time of the direction to stop.

• Defence 4: Someone Else Was Driving

• Clear defence if someone else was the driver.

• If the driver can't be identified, an evasion notice may be served on the owner.

• Defence 5: Unclear Direction to Stop

• Specifies how police must give a direction to stop.

• Driver's belief about the police vehicle being an emergency vehicle is immaterial, unless proven reasonable.

How do I get more information or engage you to act for me? 

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 have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you with information on failure to stop charges and any defences.  If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost.  All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

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

• Top 5 Drink Driving Myths
• The Essential Guide to Obtaining a Work Licence
• How Drink Driving Matters are Heard in Queensland
• What happens after your drivers licence is disqualified?
• Refusing a Breathalyser Test in Queensland
• Can you commit a drink driving offence in your driveway?
• High Range DUI
• Going through a drink driving charge in Brisbane Magistrate Court
• DUI Charges
• Ultimate Guide to High Range Drink Driving
• Can you beat a DUI?
• Work Licence Affidavits
• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast
• Drink Driving Lawyer Ipswich
• Drink Driving Lawyer Beenleigh
• Drink Driving Lawyer Caboolture
• Drink Driving Lawyer Strathpine
• Criminal Lawyer
• Evading the police
• Can you be charged for watching other people do a burnout?
• Why You Should Never Represent Yourself in Court for a traffic matter
• Traffic Offender Programs
• What is a Traffic Lawyer?
• What Happens After Police Have Charged Me with a Traffic Offence?
• Do you need a Traffic Lawyer?
• Negotiating with a Prosecutor in Queensland
• What is a QP9 and why is it important to your charge?
• Disqualification vs Suspension, what is the difference in Queensland?
• Will I get a criminal conviction for a drink driving charge?

What our clients say about us