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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In Queensland, the Transport Operations (Road Use Management) Act 1995 and the Criminal Code Act 1899 outline a number of offences relating to drug driving and give police the power to conduct random roadside saliva testing for various illegal drugs and prescription medications.
Testing procedure
Queensland Police may require drivers to take part in roadside drug testing including swabbing a driver’s mouth for saliva. This is an easy and simple process that only takes a short time to complete.
The saliva sample will be tested for any trace of THC, MDA or methamphetamine. If the roadside swab test returns a positive result, the driver must go to a police station for a second saliva test.
Whilst at the station, a swab of saliva will be taken from the driver’s mouth and tested for traces of various illicit drugs. If any trace of an illegal drug is found in the second sample, this will result in an immediate suspension from driving for 24 hours and the driver will be charged with an offence.
Police may test for prescription drugs as well as illicit drugs. An officer may request that a driver provide a sample of blood if they believe that a legal drug has impaired their ability to drive safely. If this has occurred, the driver may be faced with drug driving charges if they are operating a vehicle after taking medication such as painkillers or cold and flu drugs that contain pseudoephedrine.
Penalties and charges
Under Queensland law, all road users must have no trace of any prohibited drugs in their system. If any amount of a prohibited drug is found in a driver’s system, they will be charged with an offence. Drug driving offences are classified as either driving under the influence of a drug (DUI) or driving while a relevant drug is present in the blood or saliva.
Driving under the influence
Under section 79 of the Transport Operations (Road Use Management) Act 1995, a person who drives under the influence of a drug is liable to a fine of up to 28 penalty unit or imprisonment for up to nine months. Higher penalties apply if the offender has one or more previous convictions for the same offence within the last five years.
Drug driving
Under section 79(2AA) of the Transport Operations (Road Use Management) Act 1995, a person who drives with a relevant drug present in their blood or saliva is liable to a fine of up to 14 penalty units or imprisonment for up to three months.
What’s the difference?
A drug driving charge is less serious offence than a DUI. A simple charge of drug driving occurs when a relevant drug is present in a saliva sample; however, the attending officer determines that the relevant drug has not influenced the offender’s capacity to drive safely. This offence typically results in a fine of $1,500, or a jail term of three months.
On the other hand, being under the influence of a drug whilst driving is a far more serious offence as the driver’s capacity to drive safely is compromised.
A first-time offender will typically be given a $3,000 fine, a driving disqualification period of six-months and/or imprisonment for up to nine months.
For a second offence within a five-year period, a $6000 fine will be handed down, as well as a two-year driving disqualification and/or imprisonment for up to 18 months.
Defences
A driver charges with one of these offences may have a legal defence available to them. These include sudden or extraordinary emergency and duress.
An accused person may also be able to defeat a charge if their saliva/blood sample was not taken within three hours of their being in charge of a motor vehicle.
Do I need legal advice?
If you have been charged with a drug driving offence, our lawyers will be able to assist you to understand the charge and applicable penalties and to identify whether any defence may apply.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What specific drugs do Queensland Police test for during roadside saliva testing?' answer: 'Queensland Police test roadside saliva samples for THC, MDA, and methamphetamine. If the initial roadside test is positive, a second saliva test at the police station will screen for traces of various other illicit drugs. Police may also request blood samples if they suspect legal prescription drugs like painkilders or cold and flu medications containing pseudoephedrine have impaired your driving ability.' - question: 'What is the zero tolerance drug driving policy in Queensland and how does it differ from alcohol limits?' answer: 'Queensland operates a zero tolerance policy for drug driving, meaning drivers must have no trace of any prohibited drugs in their system. Unlike alcohol where there are legal BAC limits, any detectable amount of prohibited drugs will result in charges. This applies to both illicit drugs and certain prescription medications that may impair driving ability, making Queensland''s drug driving laws stricter than alcohol provisions.' - question: 'How much does it cost to get legal advice for a drug driving charge in Queensland?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for drug driving matters in Queensland. This consultation allows you to discuss your specific case, understand the charges you''re facing, and explore your legal options. Getting early legal advice is crucial as drug driving charges carry serious penalties including fines up to 28 penalty units and potential imprisonment of up to nine months.' - question: 'How can a lawyer help me fight drug driving charges in Queensland?' answer: 'A lawyer can challenge the validity of the testing procedure, examine whether police followed correct protocols during roadside and station testing, and identify potential defences to your charges. They can negotiate with prosecutors, represent you in court, and work to minimise penalties or seek alternative outcomes. Legal representation is particularly important given the automatic 24-hour licence suspension and serious long-term consequences of drug driving convictions in Queensland.' - question: 'How quickly do I need to take action after being charged with drug driving in Queensland?' answer: 'You should seek legal advice immediately after being charged with drug driving in Queensland. Your licence is automatically suspended for 24 hours following a positive test, and court dates are typically scheduled within weeks. Early legal intervention is crucial for gathering evidence, preparing your defence, and potentially challenging the charges before your court appearance. Delays can limit your legal options and defence strategies.' ---