Queensland legislation currently provides for two types of drug driving:<\/p>\n
The former is the most serious of the two and carries much higher penalties and a higher licence disqualification period.<\/p>\n
You can be charged with driving while under the influence of a drug if a police officer reasonably suspects that your driving ability has been impaired by a drug or if you refuse to provide a saliva test.<\/p>\n
Saliva tests detect active ingredients for the following:<\/p>\n
Similar to a random breath test, you can be pulled over by a police officer and required to submit to a random roadside saliva test. Police can also require you to submit to a roadside saliva test if they suspect you are driving under the influence of a drug.<\/p>\n
A saliva test completed roadside takes approximately three to five minutes to return with a result. If the result is negative you will be free to go. Where the result is positive you will be asked to attend a police vehicle for a second saliva test. If a second saliva result is positive a sample will be sent for laboratory analysis. You will also be suspended from driving a motor vehicle for a period of 24 hours.<\/p>\n
Once police have a positive laboratory result, they will formally charge you with drug driving.<\/p>\n
If asked to provide a roadside saliva test, it is important that you comply with the directions of a police officer. If you refuse to provide a saliva test when requested (either roadside or at a police station) you can be charged with an offence of failing to provide a breath or saliva sample. This offence carries a maximum penalty of 40 penalty units or a term of imprisonment not exceeding 6 months.<\/p>\n
If caught driving under the influence of a drug the maximum penalties are as follows:<\/p>\n
Charge<\/strong><\/td>\n| Maximum Penalty<\/strong><\/td>\n<\/tr>\n | One previous conviction of drink or drug driving in the past 5 years 60 penalty units or a term of imprisonment not exceeding 18 months.<\/span><\/td>\n | 28 penalty units* or a term of imprisonment not exceeding nine months.<\/span><\/td>\n<\/tr>\n | One previous conviction of drink or drug driving in the past 5 years<\/span><\/td>\n | 60 penalty units or a term of imprisonment not exceeding 18 months.<\/span><\/td>\n<\/tr>\n | If in the past 5 years the person has been convicted on indictment of any offence concerning driving a motor vehicle<\/span><\/td>\n | 60 penalty units or a term of imprisonment not exceeding 18 months.<\/span><\/td>\n<\/tr>\n | If 2 previous convictions of drink or drug driving within 5 years<\/span><\/td>\n | Magistrate must impose as whole or in part of the punishment, imprisonment.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n | * 1 Penalty Unit is equivalent to $126.15 (as at September 2018).<\/p>\n If you are charged with driving under the influence of a drug your licence will be suspended immediately until your charge is later dealt with by court or the charge is withdrawn.<\/p>\n Driving while relevant drug is present<\/i><\/p>\n The maximum penalty for driving while a relevant drug is present is 14 penalty units or a term of imprisonment not exceeding three months.<\/p>\n Licence Disqualification<\/h3>\nDriving under the influence of a drug<\/i><\/p>\n If you are charged with driving under the influence of a drug your licence can be disqualified for a period of up to 6 months. If you have previously been convicted of driving under the influence of liquor or a drug within the last 5 years, the disqualification period can be up to 2 years.<\/p>\n Driving while relevant drug present<\/em><\/p>\n The minimum period of disqualification for this charge is one month with a maximum period of 9 months.<\/p>\n When imposing a disqualification period the court has regard to a number of relevant factors. They are:<\/p>\n If you have been charged with drug driving you should seek legal advice from our experienced traffic lawyers immediately to have your options explained to you.<\/p>\n If you are dependent on holding a drivers licence to get to and from your place of work, you may need to consider applying for a restricted work licence. You will only be eligible to apply for a restricted licence if you have not in the past 5 years:<\/p>\n If you have been charged with a drug driving offence, you should obtain legal advice immediately particularly if you require your drivers licence to get to work or if you have had a previous similar conviction in the past five years. If faced with a drug driving charge, our \u4ea4\u901a\u6cd5<\/a> team would be more than happy to provide you with advice on the likely penalty and period of disqualification that you face. Our team can also assist you in making an application of a restricted work licence.<\/p>\n Defending your criminal charge\/s with our experienced traffic lawyers at your side can mean the difference between securing the best or an average outcome, regardless of the charges.<\/p>\n Our lawyers can expertly navigate the law\u2019s complexities, advise you on the likelihood of being found guilty, advise you on your prospects of success if you decide to plead not guilty, provide extensive support in the lead up to court appearances, respond to your questions in a timely manner, and let you know the potential penalties that may apply if found guilty by the court.<\/p>\n Get the best representation. Contact Ryan Murdoch O’Regan Lawyers’ experienced traffic lawyers on 1800 999 529<\/a>, email mail@rmold.newwebsite.live<\/a> or submit an enquiry below.<\/p>\n |