Drug driving is a serious offence that occurs when a driver operates a vehicle while impaired by illegal drugs or certain prescription medications. In Queensland, law enforcement conducts roadside testing for drugs, including marijuana, cocaine, and methamphetamine. A positive result can lead to severe penalties, including fines, disqualification from driving, and potential imprisonment, depending on the circumstances. Ensuring a clear understanding of the laws surrounding drug driving is crucial for all drivers.
Types of Drug Driving Offences
In Queensland, there are two main types of drug driving offences:
- Driving Under the Influence: This offence occurs when police establish that a driver is ‘under the influence’ of a drug, treating it as seriously as high-range drink driving. The police do not need to prove that the driver has a specific concentration of a drug in their system; they only need to demonstrate that the driver is impaired.
- Driving While a Relevant Drug is Present: For this offence, the police only need to prove that a drug is present in the driver’s blood or saliva, regardless of impairment. This means that individuals who consumed illicit drugs days before driving may still test positive due to residual traces. It is also not a defence to the charge to drive with cannabis in your saliva even if you are lawfully prescribed medicinal cannabis.
Upon conviction for driving under the influence of a drug, the Court is mandated to disqualify the driver from holding or obtaining a driver’s licence for:
- Minimum 6 months for a first offence
- 1 year for a second offence
- 2 years for subsequent offences
If other offences are involved (e.g., speeding, disqualified driving), the Court may impose more severe penalties, including absolute disqualification or imprisonment.
For the offence of driving while a relevant drug is present, the Court must disqualify the driver for:
- Minimum 1 month for a first offence
- 3 months for a second offence
- Automatic minimum 6 months for third and subsequent offences
In some cases, there may be valid defences against a charge of drug driving, including:
- Mistaken identity
- Not being “in control” of the vehicle
- Serious procedural mistakes
- Involuntary intoxication
- Compulsion or duress
- Extraordinary emergency
How We Can Help
If you’ve been charged with drug driving, the implications can be serious—from licence disqualification and fines to criminal convictions that affect your work, travel, and future. At Rawlings McShane Lawyers, we understand how stressful and confusing these charges can be. That’s why we take a personalised and strategic approach to your defence.
Our experienced team will:
- Analyse the police procedure and evidence to determine whether proper testing and protocols were followed
- Assess the circumstances of your case, including whether impairment was proven or if a legal prescription (such as medicinal cannabis) may be relevant
- Explore potential defences, such as procedural errors, mistaken identity, or not being in control of the vehicle
- Advocate for reduced penalties, such as shorter disqualification periods or no recorded conviction, where appropriate
- Assist with applications for work licences if you’re eligible, so you can continue to meet employment obligations despite your charge
We are committed to helping you navigate this process with confidence, protecting your rights, and achieving the best possible outcome.
