Have you received a charge sheet from the police?

What are drug driving offences?

Similar to a random breath testing for drink driving offences, the police can intercept your car for a random roadside drug test to detect if a relevant drug is present. If the saliva test result is positive, the police can charge you with an offence of drug driving. 

Relevant drugs that are tested include:

• Methylamphetamine (speed and ice)

• MDMA (ecstasy)

• THC (cannabis)

The penalty will depend on various factors including your background, health, work, family situation, and any traffic and criminal history. The court will also consider the type of drug found in the system (prescription drugs or illicit drugs etc.), the concentration of the drug, and the risks to the public due to the manner of driving. The penalty also varies depending on which drug driving offence you are charged with. 

Driving with a relevant drug present in system 

Any positive reading that there is a relevant drug in your system while operating a motor vehicle can result in an offence. This is usually identified by a saliva sample from roadside drug tests. 

Penalties can include: fines, driver licence disqualification, and in more serious or repeat cases, a term of imprisonment. 

Driving under the influence of a drug in system 

This is a more serious charge because it includes an allegation that your driving ability has been impaired by a relevant drug. If charged, your licence can be immediately suspended pending the court hearing, and the penalty can include higher fines, longer disqualification periods, and a higher risk of imprisonment.

Will you be disqualified from driving?

Drug driving offences carry a mandatory disqualification period upon conviction. This means that the court must disqualify you from driving for a certain period if you plead guilty or are found guilty of a drug driving charge. 

The disqualification period will depend on various factors including whether you have any previous traffic history. This can start from 1 month, to a few months, or years. Depending on your circumstances, you may be eligible to apply for a restricted licence (work licence) and we can consider your eligibility after understanding your situation. 

If you are disqualified, you cannot drive for the duration of the disqualification period. If you do, you could be charged with disqualified driving which is a serious offence, and carries a mandatory minimum penalty of two year’s disqualification of your driver licence in addition to other penalties such as fines or imprisonment.

Will you receive jail time for drug driving?

In most drug driving cases, a person convicted of drug driving, will be sentenced to pay a fine, to a probation order, or to perform community service. There will also be a mandatory disqualification period and there may be a condition to undertake a traffic offenders intervention program. 

In more serious cases of drug driving, the court may order a term of imprisonment. The risk is higher if there is a lengthy traffic history. A term of imprisonment can be suspended or with immediate release on parole, which means that you do not need to serve any actual time inside a correctional centre. 

Due to the large range of possible outcomes and maximum penalties that exist for drug driving cases, it is important that before you plead guilty to any charges, you seek legal advice from our team of experienced drug driving lawyers.

What if you’ve been charged with drug driving?

If you are charged with drug driving or driving under the influence of illegal drugs it is crucial that you immediately seek legal representation and advice. The way the traffic legislation is written, means that it can be complex. Our team of Brisbane drug driving lawyers are highly experienced and have expertise representing clients in a range of traffic offences including: dangerous driving, drink driving, drug driving, and many other traffic matters which can be found on our traffic lawyers page. Our team of drug and drink driving lawyers will work closely with you to get to know your circumstances and to achieve the best outcome for your situation. 

If you are seeking the best drug driving lawyer Brisbane has to offer, contact us to speak with our traffic offence lawyers today.