Boorman Lawyers Gold Coast DUI Lawyers
Important Information

Drug driving charges can arise from both illegal drugs and prescription medications. Even trace amounts can lead to serious penalties including licence disqualification and criminal conviction.

Understanding Drug Driving Laws

Queensland has a zero-tolerance approach to drug driving. Unlike drink driving, there are no safe limits for driving with drugs in your system. Any detectable presence of certain drugs can result in charges, regardless of whether your driving ability is actually impaired.

Legal Definition

Drug driving occurs when you drive with any relevant drug present in your saliva or blood. The law applies to both illegal drugs and some prescription medications, making it a complex area requiring expert legal knowledge.

Drugs Detected by Roadside Testing

Cannabis (THC)
  • • Most commonly detected drug
  • • Can remain detectable for days/weeks
  • • Medical cannabis not exempt
  • • Includes all forms of cannabis
Methamphetamine
  • • Includes crystal meth and speed
  • • Severe penalties apply
  • • Can be detected for several days
  • • Some ADHD medications included
MDMA (Ecstasy)
  • • Party drug often taken on weekends
  • • Can be detected 1-3 days after use
  • • Severe penalties for detection
  • • Often combined with other substances
Prescription Drugs
  • • Some prescribed medications included
  • • Medical exemptions very limited
  • • Doctor's prescription not defense
  • • Case-by-case assessment required

Penalties for Drug Driving

First Offense
  • Fine: Up to $1,890
  • Licence Loss: 1-9 months
  • Criminal Record: Yes
  • Work Licence: May be available
Repeat Offense
  • Fine: Up to $3,780
  • Licence Loss: 3-18 months
  • Imprisonment: Up to 6 months
  • Alcohol Interlock: May be required

Roadside Drug Testing Process

Understanding the roadside drug testing process is crucial for identifying potential defenses and procedural issues.

1
Police Stop

Police can randomly stop drivers for drug testing or test after traffic violations.

2
Saliva Sample

Driver provides saliva sample using testing device operated by police.

3
Preliminary Result

Initial test provides indicative result within minutes at roadside.

4
Confirmatory Test

If positive, second sample sent to laboratory for confirmation analysis.

Common Defense Strategies

Technical Challenges
  • Testing device calibration issues
  • Contamination of samples
  • Chain of custody problems
  • Laboratory testing procedures
  • Officer training and certification
Procedural Defenses
  • Police powers and authority
  • Proper warning requirements
  • Time limits for testing
  • Rights during testing process
  • Invalid stop circumstances

Prescription Medication Issues

Many people are surprised to learn that some prescription medications can lead to drug driving charges. This is a complex area of law that requires careful legal analysis.

Problematic Medications
  • Some ADHD medications
  • Certain pain medications
  • Some antidepressants
  • Anxiety medications (rare cases)
  • Medical cannabis products
Potential Defenses
  • Prescribed for medical condition
  • Taken as directed by doctor
  • No impairment of driving ability
  • Involuntary administration
  • Medical emergency situations

Work Licence Availability

Work licences may be available for first-time drug driving offenders, but the application process is more complex than for drink driving cases.

Work Licence for Drug Driving

Requirements:

  • First offense only
  • Employment necessity
  • Complete education program

Considerations:

  • Type of drug detected
  • Circumstances of offense
  • Personal circumstances

Impact on Employment

Career Consequences
  • Criminal record on background checks
  • Professional licensing issues
  • Transport/logistics industry bans
  • Government employment restrictions
  • Company vehicle policy violations
  • Insurance and liability issues
Travel & Personal Impact
  • Visa application difficulties
  • International travel restrictions
  • Insurance premium increases
  • Social and family impact
  • Mental health considerations
  • Financial hardship from fines

Frequently Asked Questions

Unfortunately, yes. Queensland's drug driving laws have very limited medical exemptions. However, taking medication as prescribed can be a mitigating factor in sentencing and may provide grounds for defense in certain circumstances.

Detection times vary by drug type and individual factors. Cannabis can be detected for days or weeks after use, while other drugs typically remain detectable for 1-3 days. The tests detect presence, not recent use or impairment.

No, refusing a roadside drug test is a separate offense with penalties similar to drug driving itself. You can be required to provide samples for both roadside and laboratory testing.

Currently, medical cannabis use is not a complete defense to drug driving charges in Queensland. However, it may be considered a mitigating factor in sentencing, and the law in this area is evolving.