Drug Driving Penalties in Queensland

In Queensland, it is illegal to drive under the influence of drugs or have certain drugs present in your system while driving.

This can result in two types of drug driving offences; driving with a relevant drug present, and driving under the influence of a drug. A relevant drug includes methylamphetamine, MDMA, and THC, and if you are suspected of having these drugs in your system, you can be pulled over for a random roadside saliva test.

Penalties for driving with a relevant drug present in your system are severe. If found guilty, you will be required to attend court, and your license will be disqualified for a period of time. T

he length of disqualification depends on your license class, previous driving record, and how the offence occurred. For first-time offenders on an open licence, the disqualification period is between 1 to 9 months, whereas for those on a provisional or unlicensed the disqualification period is between 3 to 9 months. However, if you have previous convictions for drug or drink driving in the last 5 years, the minimum penalty increases to 3 months, and the maximum penalty increases to 12 months.

Driving under the influence of a drug is a more serious offence. If charged with this offence, your license will be immediately suspended until your matter is finalized in court, and 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.

When deciding the punishment, the court takes into account various factors, including the drugs found in your system, prior drink or drug driving offences, traffic and criminal history, age, work arrangements, family situation, impact on work and family commitments, early guilty plea, participation in courses, cooperation with police, financial circumstances, and future conviction recording.

If you are facing a drug driving charge, you may be eligiblefor a work licence, which allows you to drive for the purpose of earning an income. To be eligible, you must hold an open Queensland driver's licence and not have any disqualifications or suspensions on your record within the past 5 years.

A work licence may be a viable solution for those who meet these requirements and are facing a drug driving charge.

You should contact good drug driving lawyers to get proper advice on the best way forward.