Drug driving in Queensland is a common offence.
The act of driving a motor vehicle whilst under the influence of drugs or driving with present drugs in your system are two separate offences, that, if found guilty, will be charged accordingly.
What drugs are tested in drug driving Queensland?
Police can look for the presence of THC (Cannabis or Marijuana), Methylamphetamine (Meth or Ice), and MDMA (Ecstasy) in your system.
These tests are done via blood tests or salvia tests, with salvia tests being the most common – particularly in roadside testings.
How long can drugs be detected in your system?
THC (Cannabis or Marijuana) can remain present in the system for around 30 hours after use.
Methylamphetamine (Meth or Ice) can be detected in salvia for approximately two days after use. In a similar regard, MDMA (Ecstasy) can remain present in the system for approximately two days after use.
Driving While Relevant Drug is Present in System
Transport Operations (Road Use Management) Act 1995 refers to the charge for having drugs present in your system whilst driving. See below:
Section 2AA: Offence of driving etc. while relevant drug is present in blood or saliva Any person who, while a relevant drug is present in the person’s blood or saliva— (a) drives a motor vehicle, tram, train or vessel; or (b) attempts to put in motion a motor vehicle, tram, train or vessel; or (c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence.
In these cases, the police don’t have to prove the exact concentration of the substance – merely the presence of the drug in the system alone.
Penalties
The penalty for ‘driving while relevant drug Is present in blood or salvia’ is a maximum of 14 penalty units and/or 3 months imprisonment.
The court is required to disqualify the drivers’ licence of the convicted persons. The time for disqualification ranges from 1 months – 3 months - 6 months, depending on offenders’ history.
Driving Under the Influence
The Transport Operations (Road Use Management) Act 1995 outlines the charge of driving whilst currently under the influence of drugs.
Section 79: Offence of driving etc. while under the influence
Any person who, while under the influence of liquor or a drug—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence.
Being charged for ‘driving under the influence’ is greater in severity compared to the prior offence. This charge equates to the same punishment for high-range drink driving.
Disqualification of licence is also applicable for this offence, with a minimum of 6 months disqualification period for first time offenders.
Penalties
The penalties for ‘driving under the influence’ exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.
Work Licences, Special Hardship Licences and Legal Support
If you have fallen victim to a drug driving charge – no matter how severe - you may want to seek legal support. Having access to professional legal advice will greatly aid in your ability to obtain a work or special hardship licence. There are certain time limits that govern the ability to obtain these licences, however, so it is important to seek legal support at your earliest convenience.
Legal Representation for drink driving and drug driving offences
Get the right representation for traffic-law related offences by contacting Creevey Russell Lawyers today. Phone 07 3009 6555 or email creeveyrussell@crlawyers.com.au