In Queensland and NSW the drug driving laws allow police to perform random roadside drug driving tests to determine if you are under the effects of illegal substances whilst driving. These drug tests are conducted by taking a sample of your saliva and testing it for the following illegal substances:
- Cannabis (THC - delta-9-tetrahydrocannabinol)
- Methylamphetamine (speed, ice, crystal meth, base)
- Ecstasy (MDMA - Methylenedioxymethamphetamine)
There is zero tolerance and any trace of the nominated drugs in your system will result in you being penalised. There are two offences relating to drug driving:
- Driving while a relevant drug is present
- Driving under the influence of drugs
Driving while a relevant drug is present
This is a more common charge and means that a person is guilty of driving a motor vehicle while having an illicit drug present in their blood or saliva.
Driving under the influence of drugs
Considered to be a more serious offence with heavier penalties, driving under the influence of a drug occurs in situations when the person charged appears to have been seriously affected by drugs.
Drug and Driving Penalties
If your saliva test returns a positive result, you will be required to do a second test. If the second test is also positive your licence will be suspended automatically for a 24 hour period.
Drug Driving Penalties in QLD
Any traces of the drugs above and you will be penalised with court-imposed fines up to $1400 and loss of licence for up to nine months - even for the first offence in QLD. If you are caught drug driving a second time and your first offence is still to be heard by a court your licence will be immediately suspended in QLD. It is therefore extremely important that you have the best representation when dealing with a drug driving offence in court.
- More information about drug driving penalties in QLD
Drug Driving Penalties in NSW
In NSW penalties can include fines up to $2, 200, up to 9 months in jail and licence disqualification for a first offence.
- More information about drug driving penalties in NSW
All you need is experienced and trusted Drug Driving Lawyer
If you've been charged with a drug driving offence in Brisbane, the Gold Coast, Tweed or Northern NSW area, contact McMillan Criminal Lawyer to discuss your options.