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Drug driving in Queensland — and how to keep driving for work

Most drug driving charges in Queensland are for having a relevant drug present — detected by a roadside saliva test, no impairment required. For that charge, a work licence may let you keep driving. Here’s the honest picture, and exactly what we’ll do about it.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 7 July 2026

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The honest picture

What a drug driving charge in Queensland actually means

Queensland has two very different drug driving offences under section 79 of the transport legislation, and which one you're facing changes everything — including whether you can keep driving for work. Six things are worth knowing before your court date:

1 "Relevant drug present" needs no impairment at all

The common charge is simply having a relevant drug in your saliva or blood. The prosecution doesn’t have to prove you were affected — just that the drug was detected. It’s the roadside saliva test that catches most people.

2 Only three drugs are tested at the roadside

The saliva test detects THC (cannabis), methylamphetamine (speed/ice) and MDMA (ecstasy). Cannabis can show up hours — sometimes days — after use, long after any effect has worn off. You can be charged stone-cold sober.

3 A work licence IS available — for the lower charge

Unlike high range drink driving, a relevant-drug-present charge can qualify for a restricted (work) licence — if you’re eligible and you apply before you’re sentenced. Miss that window and it’s gone. Check yourself below.

4 First offence: 1 to 9 months off the road

For a first relevant-drug-present offence the disqualification runs from a 1-month minimum up to 9 months, plus a fine. Where yours lands — and whether a conviction is recorded — is argued at court, not fixed.

5 DUI of a drug is a different, far more serious charge

If police allege you were actually impaired by a drug (DUI), the minimum disqualification jumps to 6 months with no upper limit, imprisonment is on the table, and no work licence is available. Which charge you face matters enormously.

6 It's dealt with in open court — and you must attend

Drug driving can’t be handled online or by post. You appear before a magistrate in person, and the facts are read aloud in open court. What’s said next — your story, your preparation — is up to whoever speaks for you.

Penalties at a glance — first offence

Driving with a relevant drug present

1–9 months disqualification

1 month minimum · fine up to 14 penalty units · work licence may be available · no impairment needed to be charged.

Driving under the influence (DUI) of a drug

6 months min — no upper limit

Up to 9 months imprisonment · ine up to 28 penalty units · no work licence available · impairment must be proven

Second or later offences carry longer disqualifications and, for DUI, a real prospect of imprisonment. Whichever charge you face, the first phone call is free.

Check in 30 seconds

Can you get a work licence for drug driving?

A work (restricted) licence lets you keep driving for your job through the disqualification. It’s only available for the lower charge — and it must be applied for before you’re sentenced. Pick your situation and see roughly where you stand.

Timing is everything.

Once you plead guilty and are sentenced, the work licence door closes. It’s the single most common thing people lose by turning up unrepresented.

General guidance only, not legal advice. Confirm your answer with a lawyer on 1300 952 255, free.

1. Which charge are you facing?

2. Do you hold an open QLD licence (not learner or provisional plates)?

3. In the last 5 years, have you been convicted of any drink or drug driving offence?

4. Were you driving as part of your job (e.g. a truck or company vehicle) at the time of the offence?

5. Would losing your licence cost you your job or income, or cause your family severe hardship?

Fixed fee for a work licence application including your plea: $2,990 — call 1300 952 255 before your court date.

A work licence isn't available for driving under the influence (DUI) of a drug — the same as high range drink driving. But the length of your disqualification is still very much worth fighting for. Call 1300 952 255 and we'll tell you the realistic range.

What we actually do

How we get you the best result

Whether it’s the shortest disqualification, a work licence, or no conviction recorded — everything below is aimed at the best outcome your case allows.

We check exactly which charge you face

Relevant drug present or DUI? The difference decides whether a work licence is even possible. We read the charge documents before you plead to anything.

01 We get the brief from the prosecutor

We obtain the QP9 and the drug analysis certificate, and check how the sample was taken and whether the paperwork stacks up. If something’s wrong, we find it here.

02 We apply for your work licence in time

If you’re eligible, we prepare and file the restricted licence application before you’re sentenced — the window that people acting alone so often miss.

Before sentence

03 You do the smart things early

A QTOP course — it runs over 4 days, and we’re a proud sponsor — plus character references and, where relevant, drug counselling. We tell you exactly what to get, and when.

04 We tailor every word to your result

What we say to the magistrate is built around you — your charge, your history, your need to drive — and aimed squarely at the best realistic outcome: the shortest disqualification, the work licence, and the conviction question argued.

05 Your lawyer speaks for you, and you leave with a plan

You won’t have to find the words yourself. Your lawyer puts your story to the magistrate, and you leave with your licence dates and next steps in writing.

06

Guilty plea $2,750 · work licence application $2,990 — quoted in writing before you commit.

Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts

Steven's approach

Drug driving is decided by preparation — and timing.

Steven founded the firm in 2010 and has spent 25+ years in Queensland Magistrates Courts. The approach he built runs through every drug driving matter our lawyers take on — because for the common charge, a work licence is on the table, and the window to apply is short.

His method is simple: work out exactly which charge you face, apply for the work licence before you're sentenced if you're eligible, do the things magistrates give credit for — a QTOP course (we're a proud sponsor), references, counselling where relevant — then have your lawyer put your story properly, in person, to a magistrate they appear before every week.

And before you spend a cent, we'll tell you the realistic range for your charge — when a work licence is genuinely achievable, and when the honest answer is that it isn't. If we don't think we can improve your outcome, we'll say so on that first call.

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5,000+ matters run

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2 minutes — work licences and what happens at court, straight from Steven

Diving deeper

Want the full picture on drug driving?

Steven has written a complete guide to drug driving in Queensland — the charges, the penalties, the myths, and how a work licence works. Here’s the short version.

Careless vs dangerous

Careless (TORUM s 83) is falling below the standard of a reasonable driver. Dangerous (Criminal Code s 328A) is driving that puts the public at risk over and above ordinary driving — and is far more serious.

Careless vs dangerous

The two charges, and the law

There are two separate offences.Driving with a relevant drug present (section 79(2AA)) needs only that an active drug — cannabis (THC), methylamphetamine, MDMA or cocaine — was detected in your saliva or blood; no impairment is required. Driving under the influence of a drug (DUI, section 79(1)) is the more serious impairment charge. The one you face changes everything, including whether a work licence is possible.

What decides your penalty

For a relevant-drug-present charge the minimum disqualification is 1 month; for DUI of a drug it is 6 months with no upper limit. The court weighs your charge, your traffic history, whether it is a repeat offence, and how the matter is presented. There are no demerit points — the penalty is a court-ordered disqualification and a fine, with imprisonment available for repeat or serious matters.

The work licence path

A restricted (work) licence can be available for a relevant-drug-present charge — but not for DUI of a drug. It must be applied for before you are sentenced, and you must meet the eligibility rules (no disqualification or relevant conviction in the last 5 years, and a genuine need to drive for work). Missing the application window means losing the chance entirely, so getting advice early matters.

Reducing the sentence & myths

Completing the QTOP course before court (it runs over 4 days — we’re a proud sponsor), plus character references and counselling where relevant, is what magistrates give credit for. And the myths: you don’t need to be impaired to be charged with relevant-drug-present; cannabis can be detected days after use, long after any effect; and drug driving can’t be finalised online.

General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.

Courts we attend

A local traffic lawyer, whichever court you're in

From Southport to Hervey Bay and everywhere in between, we appear in these Magistrates Courts every week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the day.

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Hervey Bay office

Belinda Smyth · Client Services Manager · 24 years experience

How we operate

What happens when you contact us

No scripts. No sales pitch. No chasing or hounding. At worst, you hang up knowing more about your charge than when you called.

01 Belinda or Sara takes your call

Our client services team answer every call themselves — no call centre, no scripts. Immediate answers at no cost, and your details go straight to a lawyer. Court tomorrow? Say so — we take urgent matters.

02 A fixed quote lands in your inbox the same day

With extra information relevant to your charge — so you understand your matter whether you engage us or not. If you engage us the money stays in our trust account until you authorise it.

03 You decide, on your own time

Sleep on it. Compare it. If you’d rather another firm, that’s fine — no pressure.

04 Engaged? An experienced lawyer takes it from there

You get your lawyer’s direct mobile and email. Every one of our lawyers is in court every week — you’re never handed to someone learning on your matter.

Questions at 2am?

Ask our assistant about your drink driving charge — any time.

Instant answers on the three ranges, penalties, work licences and the court process — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.

Can I get a work licence?

How long will I lose my licence?

What does QTOP do?

The sooner you call, the more we can do.

Free advice with a traffic lawyer. Honest advice, fixed quote, no pressure. 7am–7pm, 7 days.

Frequently asked questions

Asked at 2am, answered here

These are the questions clients ask us most in the first phone call. Anything else — the call is free: 1300 952 255.

What's the difference between careless driving and dangerous driving?

Careless driving (driving without due care and attention, under s 83 of the Transport Operations (Road Use Management) Act) is the lesser charge — driving that falls below the standard of a reasonable, prudent driver, judged objectively. Dangerous driving is the more serious criminal charge under s 328A of the Criminal Code, for driving that puts the public at risk over and above ordinary driving. Careless is heard in the Magistrates Court and, in its basic form, carries no mandatory disqualification.

Can I just plead guilty online to careless driving?

For a minor careless driving charge where no one was hurt, it’s often fine to plead guilty online. But if the magistrate is considering a disqualification — and always where the charge is careless driving causing death or grievous bodily harm — the matter is adjourned and you must attend court in person. For those serious charges, get legal advice before doing anything.

Will I lose my licence for careless driving in Queensland?

For basic careless driving there’s no mandatory disqualification — but the court has a discretion, and if another person was injured a disqualification is almost certain. For careless driving causing death or grievous bodily harm there’s a mandatory minimum 6-month disqualification, with no upper limit

Can I get a work licence if disqualified for careless driving?

No — there’s no work or hardship licence for a careless driving disqualification. That’s why, if your licence is vital, the goal is to persuade the court not to disqualify at all, or to have a careless-causing-death/GBH charge reduced to basic careless where no mandatory disqualification applies

What is careless driving causing death or grievous bodily harm?

In 2018 the government amended s 83 to create harsher penalties where careless driving causes death or grievous bodily harm — an intermediate offence between careless and dangerous driving, introduced after the coronial inquest into the death of Audrey Ann Dow. Licensed, the maximum is 80 penalty units or 1 year prison; unlicensed it doubles to 160 units or 2 years. Either way there’s a mandatory 6-month disqualification.

Will careless driving give me a criminal record?

Careless driving is a simple offence, so it won’t appear on your criminal history. It appears on your traffic history only if the magistrate records a conviction — which can affect insurance and employment, especially in the transport industry and the mines. The court has a discretion whether to record one.

Can having a lawyer help me avoid a conviction being recorded?

Yes. The magistrate has a discretion whether to record a conviction, weighing the nature of the offence, your age and character, and the impact recording one would have on you — for example on a truck or mine job where employers check your traffic history. A lawyer puts that case properly, and we’ve often kept convictions off the records of clients who’d likely have copped one on their own.

Will I get demerit points for careless driving?

Yes — Queensland Transport issues 3 demerit points for a careless driving conviction, deemed to have occurred at the date of the incident. If those points fall during a good driving behaviour period you may need to apply for a special hardship licence.

our team

The lawyers who'll stand beside you

Every matter is run by a lawyer who appears in these courts constantly — the person you speak to is the person at the bar table.

Steven Brough

Founder & Principal

Russell

Senior lawyer

Jacob Pruden

Senior lawyer

Will

Lawyer

Sarah

Lawyer

Ryan

Lawyer

Braden

Lawyer

From our clients

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