You can be pulled over by the police and asked to perform a roadside saliva test at any time to check for the presence of any relevant substances in your system, much like you can be given a random breath test for alcohol.
You will have to appear in court and your license will be suspended if you are found to be driving with a relevant substance in your system. In this post, we’ll share everything you need to know about drug driving here in Queensland.
What is considered a drug in Queensland?
When you get pulled over for a random saliva test, you will be tested for the following drugs:
- Cannabis
- MDMA
- Methylamphetamine
- Cocaine
- Ecstasy
Different types of drug driving charges
There are two different types of drug driving charges here in Queensland, while both are serious, one is more serious than the other. These are:
- Driving with a relevant drug present
- Driving under the influence of a drug
Below, we will take a look at each of these and what they can mean for you if you’ve been charged with one of them:
Driving with a relevant drug present
In Queensland, driving while under the influence of a drug is prohibited. You will be charged if there is even a little amount of a relevant drug in your system.
The police are only required to establish that drugs were in your system. They are not required to prove a specific level of the relevant substance in your system when you were driving.
Regardless of whether having illicit substances in your system had an impact on your driving is irrelevant if the saliva drug test comes back positive. You will typically be charged with driving with a relevant drug in your system if you have had said drug in the days or weeks leading up to testing positive.
Saliva drug tests are only intended to respond to a drug’s active component. As a result, the length of time that the relevant drug can be detected differs according to the type and amount of drugs consumed, the amount of time that has passed since using the drugs, and other factors.
Driving under the influence of a drug
Drug driving charge in Gold Coast is considered more serious and will often carry harsher penalties. Police must demonstrate that you were under the influence of a substance when you were driving and that it had a negative impact on your ability to drive. You may be asked to provide a blood specimen if the police suspect you are guilty of this charge.
If you have been charged with driving while under the influence of drugs, the following things may have been noticed by officers:
- The way you were driving
- How you are behaving and the way you are speaking
- Your ability to remember when asked questions
- How you appear physically
You’ve been charged with drug driving, now what?
Your license will be instantly suspended for 24 hours if you are found driving with a prohibited drug in your system. During this time, you are not permitted to drive, and you could face additional charges for doing so.
If you are accused of operating a vehicle while under the influence of drugs, your license will be suspended immediately and remain suspended until your case is resolved in court.
In some situations, you may be able to apply for a special license that will permit you to drive until your case is finalized in court. Only those who have an open license and have been charged with drug driving are eligible for a section 79E order. If you have other pending charges or are a learner or provisional driver, you will not be eligible to apply.
You will have to go to court
In most instances, you will have to arrive at the courthouse no later than 9:00 am when it opens. A police prosecutor will ask whether you intend on pleading guilty or not guilty to your charge or if you are looking to adjourn your matter.
Your matter will be heard and if you are pleading guilty, your penalty will be formally imposed.
Possible penalties for a drug driving charge
Driving with relevant drug present
You may be disqualified from driving for anything between 1 to 9 months and the fine is up to $2,012. A maximum jail term of 3 months can be imposed.
Driving under the influence of relevant drug
You may be disqualified from driving for up to 2 years and your fine may be up to $4,025. A maximum jail term of 9 months can be imposed.
The penalty and disqualification period you receive will be at the discretion of the Magistrate who hears your matter on the day. It can vary depending on your individual situation and whether you have had previous driving convictions or not.
Why you should speak to an experienced traffic lawyer if you’ve been charged with a drug driving charge
If you’ve been charged with a drug driving offense, it’s a good idea to speak to an experienced traffic lawyer about your matter. Drug driving offenses are handled sternly in Queensland courts and representing yourself can end badly if you haven’t done proper research first. You may have a conviction recorded against you and you may receive harsher penalties than you perhaps would if you were to hire a lawyer to represent you. Criminal convictions recorded against you due to your drug driving charge can impact your employment or future employment. Not only that, you may not be able to travel internationally if you have a criminal conviction. A traffic lawyer can help you achieve the best outcome possible given your circumstances without harsh and often life-changing repercussions that can come along with traffic offenses such as drug driving charges.
Contact South East Queensland’s leading traffic law firm
A Drink Driver Lawyer we specialize in traffic law. We help people attain the least harsh penalties possible for their charges. Everyone makes mistakes, and we believe that you shouldn’t be punished for them for a lifetime. If you have been charged with a drug driving offense and don’t know where to turn, contact our expert team today for advice. We offer obligation-free consultations.