DRUG DRIVING LAWYERS BRISBANE

BRISBANE DRUG DRIVING

 

In Brisbane, there are two main types of drug-related driving offences; depending on the charge, this will determine the penalty and disqualification. These are:

1. Driving while under the influence of drugs; and
2. Driving while a relevant drug is present in blood or saliva.

 

 

Driving while under the influence of drugs in Brisbane

 

In Brisbane, 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 in Brisbane while a relevant drug is present in blood or saliva

 

Brisbane 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 Brisbane, 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, your driver licence will be suspended immediately for 24 hours.

 

WHAT HAPPENS IF THE POLICE 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 Brisbane Magistrates Court.

 

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 In that case, your driver licence will be suspended until a court deals with your charge, or it is withdrawn or otherwise discontinued.

 

WHAT IS A RELEVANT DRUG FOR THE OFFENCE OF DRIVING WITH A RELEVANT DRUG PRESENT IN BLOOD OR SALIVA?

 

Each of the following is a “relevant drug” in Brisbane:

• 3,4-Methylenedioxymethamphetamine (MDMA) (most commonly known as ecstasy).

 

• Delta-9-tetrahydrocannabinol (most commonly known as cannabis or marijuana.

 

• Methylamphetamine (most commonly known as ICE).

 

WHAT ARE THE PENALTIES FOR DRUG DRIVING CHARGES? 

 

The penalties for drug driving charges in Brisbane will depend on things including:

♦ circumstances of your driving.

♦ your age, background, employment history, etc.

♦ your traffic history.

♦ the type of licence you held at the time of the offence.

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

 

Driving while under the influence of drugs in Brisbane 

If you are found guilty of this offence, you are looking at a fine of up to 28 penalty units ($4,334.40) or nine months imprisonment.

 

Driving while a relevant drug is present in blood or saliva in Brisbane

If you are found guilty of this offence, you are looking at a fine of up to 14 penalty units ($2,167.20) or three months imprisonment.

 

WHAT ARE THE DRIVER LICENCE DISQUALIFICATIONS FOR DRUG DRIVING CHARGES?

 

BE AWARE your disqualification period will be greater if you have been convicted of specific offences five years before the current offence.

 

Driving while a relevant drug is present in blood or saliva-  You are looking at a driver licence disqualification of between 1 and 9 months.

 

Driving while under the influence of drugs-  You are looking at a driver licence disqualification of up to 6 months.

 

HOW DO POLICE PROVE YOU WERE DRIVING IN BRISBANE WHILE A RELEVANT DRUG IS PRESENT IN SALIVA?

 

Police will get a saliva sample from you and use an analysing instrument. If a positive test is returned, a laboratory will test another part of the saliva sample, which will confirm if the drug/s are present.

 

WHAT HAPPENS IF YOU DO NOT PROVIDE A SALIVA SAMPLE TO POLICE?

 

If you do any of the following:

(a) fail to provide the specimen. 

(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 up to $5,337.14 or 6 months imprisonment. In addition to this penalty:

 

• You are treated as having 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.

 

IF I ENGAGE YOUR BRISBANE DRINK DRUG LAWYERS TO REPRESENT ME, DO I NEED TO GO TO YOUR OFFICE?

 

Our drug-driving lawyers are more than willing to meet with you in person if that’s what you prefer. However, we communicate with most of our clients by telephone and email to save them time.

 

SHOULD I GET A LAWYER FOR MY DRUG DRIVING CHARGE?

 

A driver licence in Brisbane is imperative. The loss of a driver licence can have significant consequences for your work and everyday living. Engaging a lawyer to represent you can ensure you achieve the best outcome for your situation.

 

Our lawyers are experienced advocates who regularly appear in Court to argue for clients. They know how to craft submissions to the Court that are highly persuasive and articulate your personal situation and the importance of your driver licence to you. Do not risk your ability to drive by going to Court alone. Engage an experienced traffic lawyer to help you.

You need the best Brisbane traffic lawyers if you want the best result. Contact Craven Lawyers Brisbane today for confidential specialist expert advice.

Contact Us today for a free, no-obligation chat with one of our traffic lawyers.

 

TRAFFIC APPLICATIONS AND OFFENCES WE CAN HELP YOU WITH

 

• Special Hardship Order Application.

 

• Work Licence Application. 

 

• Drink Driving Charges.

 

• Drug Driving Charges.

 

• Applications to Remove Driver Licence Disqualifications.

 

• Unlicensed Driving.