Charged with Drug Driving?
Drug driving is a serious offence in Queensland that carries heavy penalties. In most instances it is treated as seriously as a high range DUI, which can result in hefty fines, large licence disqualification periods and even prison time.
What is drug driving?
There are two offences for drug driving in Queensland. The first is the less serious of the two and is labelled ‘driving while a relevant drug is present in saliva’. It requires Police Prosecution to prove that you had a drug present in your saliva or blood at the time of the offence. It does not require that they prove that you were under the influence of the particular drug, only that the relevant drug was present in your system.
The second is the more serious of the two and is treated the same as a high range DUI offence. It is established where the police can prove that a person was driving whilst under the influence of a drug. Due to the zero tolerance policy in regards to drug driving, it does not matter how much of the drug is in your system, if you were under the influence of a drug you will be automatically treated the same as a high range DUI offender.
While the second of these offences is more serious, they are both very serious and heavy penalties apply including the loss of your licence, large fines and even imprisonment.
What penalties can I face?
If it is your first offence and you are found guilty of the offence of ‘driving while a relevant drug is present in saliva’, the maximum penalty that may be imposed is a fine of up to $2,012* and a three month term of imprisonment as well as a minimum one month licence disqualification.
If you are charged and found guilty of the more serious charge of driving under the influence of drugs and it is your first offence, the penalties are the same as for a high range DUI offence. As such, the Magistrate has discretion to order you pay a fine of up to $4,025* and a term of imprisonment of up to nine months. In addition, upon being found guilty of the offence of driving under the influence the Court is required to disqualify you from holding a licence for a minimum period of six months and they may order that your car be impounded or immobilised.
What if I have been convicted of drug driving before?
Due to the zero tolerance policy Queensland has surrounding drug driving, if this is your second or third offence of drug driving or driving under the influence you are likely to face much heavier penalties, and should seek legal advice. It is also relevant to note that even if you were charged with driving under the influence of alcohol in the past rather than under the influence of drugs, any further charges of drug driving within a five year period will be treated as subsequent offences.
What sort of drugs will the police test for?
While illicit drugs are commonly what comes to mind when one thinks about drug driving, if a police officer believes that your driving has been impaired in any way you may be tested for prescription drugs as well as unlawful drugs such as cannabis, ecstasy or ICE. Further, tests may involve not only saliva tests but also blood tests.
Is there any way I can avoid having my licence disqualified?
In Queensland if you are convicted of driving while a drug is present in your saliva you may be eligible to apply for a work licence. At GC Crime Lawyers we understand the importance of retaining your licence for work purposes and can assist with this application. There are strict time limitations for this as it must be done at the time you plead guilty and cannot be done afterwards, so it is important to think carefully about whether you want to apply for a work licence before going to Court.
Due to the severity of penalties for drug driving offences it is crucial that you are prepared for your Court date. Our team at GC Crime Lawyers understands that everyone makes mistakes and we will work to get you the best outcome possible with the lowest penalties and disqualification periods. If you have been charged with drug driving contact us on 1300 127 463 to discuss your circumstances with an experienced lawyer today.
*Penalty unit fines in the Queensland jurisdiction can be worked out by multiplying $143.75 by the number of penalty units, e.g., 14 penalty units is equivalent to 14 X 143.75 = $2,012.