Drug Driving Lawyers Brisbane
Drug driving is similar to drink driving In Queensland. You can be pulled over by Queensland police at a testing site or if they suspect you’re driving under the influence of drugs.
Testing your saliva for the presence of relevant drugs can be conducted at a random breath testing (RBT) site and also at targeted drug test sites. Police can conduct a blood or urine drug test if you can’t provide a saliva sample.
There are two possible drug driving charges:
- Driving under the influence of a drug
- Driving while a relevant drug is in your system
What are relevant drugs?
To test for drug driving, Queensland Police will be looking for any of the following:
- THC (the main active ingredient in cannabis)
- Methylamphetamine (commonly known as speed or ice)
- MDMA (the main active ingredient in ecstasy)
The Testing Process
The police will administer a saliva test that takes 3 – 5 minutes. If the result is negative, then you are free to go.
If the test produces a positive result, you’ll need to undergo a second test. If that test is also positive, your driver’s licence will be suspended for 24 hours.
A sample of your saliva will then be sent to a laboratory and if those results are positive, you’ll be charged with either driving under the influence of a drug or driving while a relevant drug is present in your system.
If you don’t have any pending drug driving charges, you can keep your licence until the charges are addressed. However, if you do, your licence will be immediately suspended until your court date.
It’s irrelevant whether your driving was affected by the illicit drugs in your system or not. Also, if you fail to provide a specimen for testing, you can be fined and/or imprisoned.
Prescription and other drugs
The police don’t only test for illicit drugs. If they reasonably suspect that prescription or other drugs have impaired your driving, they’ll require you to take a drug test and you’ll need to provide a blood sample.
If the results show that there are traces of drugs in your system, you’ll be charged and your licence will be immediately suspended until the charge is addressed. You will also face possible fines, licence disqualification and imprisonment.
Penalties for Drug Driving
Driving with a relevant drug present
There is zero tolerance for driving if you have a relevant drug in your system.
A magistrate may issue any or all of the following penalties:
- disqualify you from driving from1 – 9 months
- fine you up to $1,706
- impose a maximum 3 month term of imprisonment
Driving under the influence of a drug
A magistrate may issue any or all of the following penalties:
- disqualify you from driving for up to 6 months
- fine you up to $3,413
- impose a maximum 9 month term of imprisonment
Why should I choose Cullen Lawyers to act on my behalf?
You need to know your rights and options, and there is no better team to advise you than Cullen Lawyers.
There are cases where drivers are incorrectly charged. There are circumstances where it is better to please guilty. Whatever your situation, we have the expertise and eye for detail that will ensure the best possible outcome for you.