QUEENSLAND OFFENCES

DRUG DRIVING

Drug driving in Queensland is increasingly prosecuted under the Transport Operations (Road Use Management) Act 1995, highlighting the need for expert legal advice due to the rising severity of penalties. Queensland law recognizes two main offences: driving with a relevant drug present in one's system, which does not require proof of impairment, and driving under the influence (DUI) of a drug, requiring evidence of impairment similar to high range drink driving.

Roadside tests, primarily oral saliva tests, detect drugs like methylamphetamine (speed, ice), MDMA (ecstasy), and THC (cannabis). A positive initial test leads to further testing at a police station, with confirmed positives proceeding to court. Given the complexities and evolving nature of drug driving laws, those facing charges should seek specialized legal assistance.

The Penalties

24-Hour Licence Suspension: Applies if no prior drug driving charges are pending after a positive secondary test. Be cautious as drugs can remain in your system longer than the suspension period—up to two weeks for cannabis.

Safe Waiting Period: It's advisable to wait 3-5 days before driving again to avoid retesting positive and facing additional charges.

Immediate Suspension for Pending Charges: Your licence is immediately suspended until your court date if you have pending drug driving charges.

Potential Court Penalties:

Driving disqualification: 1 to 9 months.

Fine: Up to $1,868.

Imprisonment: Up to 3 months for driving with a relevant drug present.
Immediate Suspension for DUI: Licence suspended immediately upon DUI charge, lasting until court resolution, withdrawal, or court permits driving pre-hearing.

Magistrate Penalties for DUI:

Driving disqualification: Up to 6 months.

Fine: Up to $3,736.

Imprisonment: Up to 9 months.

Penalties for Subsequent Offences (within last 5 years):

Driving disqualification: Up to 2 years.

Fine: Up to $8,007.

Imprisonment: Court-determined duration.

Can I Defend The Charge?

The availability of a defence for drug driving hinges on specific case details, including necessity, duress, or an honest and reasonable mistake of fact. Notably, defences like duress or necessity should relate to why driving was necessary, not the drug use itself.

An honest and reasonable mistake of fact defence isn't valid if based on a belief you were fit to drive but might apply if you genuinely believed you hadn't taken any drugs.

Evaluating these defences or potential penalty mitigation requires the expertise of one of our Driving Defence Lawyers to maximize the likelihood of a favourable result.