DRUG DRIVING LAWYERS 

HOW OUR DRUG DRIVING LAWYERS WILL HELP YOU

 

  Free Consultation

Discuss your drug driving charge with one of our drug driving lawyers free of charge.

 Fixed and Affordable Fee

As a client focused law firm, we offer clients charged with drug driving a fixed and affordable fee. This means you will get one fee for us to represent you. This means you will not be charged for every phone call, email or meeting with your lawyer. There are no hidden fees.

 Expert & Professional Advice

Our drug driving lawyers will give you expert advice. They will give you tips on things you can do to help lower your penalty and disqualification.

 Experienced Advocate Representing You in Court

The drug driving lawyer who will be the person standing up in Court and speaking on your behalf is a senior lawyer and an experienced advocate.

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WORK LICENCE

Do you need your driver licence for work? Would you lose your job if you didn’t have a licence? If you answered Yes to either of these questions, you need our help to apply for a work licence. We have successfully got a work licence for all of our clients who have ever applied for a work licence. Click the button below to learn more.

CALL US FOR YOUR FREE CONSULTATION

 If you are charged with drug driving, call our drug driving lawyers for a free no obligation consultation. We can give you some preliminary advice regarding your situation.

PHONE 1800 529 000

DO I REALLY NEED A DRUG DRIVING LAWYER? 

When you represent yourself in Court you risk: 

♦ Getting a higher penalty.

♦ Getting a longer driver licence disqualification.

♦ Not mentioning something important to the Magistrate.

♦ Not getting your work licence.

♦ Being sent to prison.

Potential benefits of a drug driving lawyer representing you:

♦ Avoiding long driver licence disqualifications.

♦ Avoiding higher penalties.

♦ Getting your work licence.

♦ Getting professional advice.

♦ Having an experienced advocate standing up in Court arguing for you.

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

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?

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

If you have other drug driving charges pending, then your driver licence will be suspended immediately until your charge is dealt with by a court, or 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? 

The usual way this offence is detected is by police taking a saliva sample from you and using a saliva analysing instrument. If a relevant drug is detected, then another part of the saliva sample is tested by a laboratory.

 

What happens if you refuse to provide the saliva sample to 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 ($5,337.14) or 6 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 ($3,736.60) or 9 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 ($1,868.30) or 3 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 a period of 5 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 a period of up to 6 months.

CALL OUR DRUG DRIVING LAWYERS NOW!

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