DRUG DRIVING LAWYERS

DRIVING WHILE UNDER THE INFLUENCE OF DRUGS

In Queensland, if you do any of the following while under the influence of drugs, you will commit an offence:

• drive a vehicle.
• attempt to put in motion a vehicle.
• being in charge of a vehicle.

DRIVING WHILE A RELEVANT DRUG IS PRESENT IN BLOOD OR SALIVA

Queensland has zero tolerance for persons driving with a relevant drug present in their blood or saliva. You can be penalised if you have any trace of a relevant drug in your blood or saliva.

What is the offence?

In Queensland, if you do any of the following while a “relevant drug” is present in your blood or saliva, you are committing an offence:

• drive a vehicle; or
• attempt to put in motion a vehicle; or
• being in charge of a vehicle.

What happens if you test positive for drugs while driving?

If you test positive, police will give you a notice of immediate suspension telling you your driver licence is suspended for 24 hours.

What happens if police subsequently charge you with drug driving?

Suppose you have no other drug driving charges pending. In that case, your driver licence will remain valid until your charge is finalised in the Magistrates Court.

Suppose you have other drug driving charges pending. In that case, your driver licence will be suspended immediately until your charge is dealt with by a court, withdrawn, or otherwise discontinued.

What is a relevant drug for the offence of driving while a relevant drug is present in blood or saliva?

The Traffic Regulation 1962 (Qld) states for the definition of “relevant drug” in the Transport Operations (Road Use Management) Act 1995 (Qld), each of the following drugs are prescribed:

• 3,4-Methylenedioxymethamphetamine (MDMA)(a.k.a batmans, ecstasy, ekkies, E, pills, roundies, smilies); or
• Delta-9-tetrahydrocannabinol(a.k.a cannabis, dope, ganja, grass, hashish, hash, marijuana, M.J, mary jane, pot, puff, reefer, sinsemilla, skunk, spliff, weed); or
• Methylamphetamine(a.k.a ICE, crystal meth, glass, GO, quartz).

How do Police Prove the offence of driving while a relevant drug is present in saliva?

This offence is usually detected by police taking a saliva sample from you and analysing it using a saliva analysing instrument. If a relevant drug is detected, a laboratory tests another part of the saliva sample.

What happens if you refuse to provide the saliva sample to the police?

You will commit an offence if you:

(a) fail to provide the specimen; or

(b) fail to provide the specimen in the manner directed by the police officer who makes the requirement.

You will be liable to a penalty of 40 penalty units ($6,192.00) or six months imprisonment. In addition to this penalty, the law says you are:

• Taken to have committed an offence of driving under the influence of a drug; and
• You are liable to the same punishment and driver licence disqualification as if you had committed the offence of driving under the influence of a drug.

WHAT ARE THE PENALTIES FOR DRUG DRIVING CHARGES?

The penalties for drug driving charges will depend on such factors as:

♦ the circumstances of your driving.

♦ your antecedents (age, background, etc.).

♦ if you have any prior criminal or traffic history.

♦ the type of driver licence you held at the time of the offence (if any).

♦ If you have been convicted of drug driving or drink driving in the past.

Driving while under the influence of drugs

If you are found guilty of this offence, the maximum penalty is 28 penalty units ($4.334.40) or nine months imprisonment.

Driving while a relevant drug is present in blood or saliva

If you are found guilty of this offence, the maximum penalty is 14 penalty units ($2,167.20) or three months imprisonment.

WHAT ARE THE DRIVER LICENCE DISQUALIFCIATIONS FOR DRUG DRIVING CHARGES?

PLEASE NOTE the disqualification period increases if you have been convicted of certain offences within five years of the present offence.

Driving while a relevant drug is present in blood or saliva

You will be disqualified from holding or obtaining a driver licence for between 1 and 9 months.

Driving while under the influence of drugs

You will be disqualified from holding or obtaining a Queensland driver licence for up to six months.