Drug driving – Driving Law

Penalties for Drink and Drug Driving Charges in Queensland

Steven Brough — Wed, 10 Jul 2024 05:57:00 +0000

From 1 December 2026: Queensland introduces a combined drink and drug driving offence with its own penalties. If your offence date is on or after 1 December 2026, call us on 1300 952 255 to check how the change affects your matter.

Drink-driving charges must be dealt with in the Magistrates Court. If you are charged with a drink-driving offence, you will get a Notice to Appear (which lists the charge and the date you must attend court). You also receive a certificate stating either the concentration of alcohol detected in your blood or saliva, or what drug(s) was found in your system. Lastly, you will receive a notice from police advising you that your drivers licence is suspended: either for 24 hours or until your matter is finalised at court.

Below, we discuss the consequences of being charged with, and being convicted of, a drink-driving, or drug-driving charge.

24-Hour or Immediate Drivers Licence Suspension

If you have been charged with a low-range, drink-driving charge (0.05 – 0.99% blood-alcohol concentration), your drivers licence will be suspended for 24 hours from the time you are charged. You will be given a Notice of Suspension from the police, which will tell you exactly when this period of suspension starts, and when this suspension ends.

If you are charged with either mid-range drink driving (0.1 – 0.149% blood-alcohol concentration) or high-range drink driving (0.15% blood-alcohol concentration or higher), your drivers licence is suspended immediately and the suspension remains in place until your matter is finalised in court. This period of suspension remains in place even if you adjourn your matter or plead not guilty to the charge and go to trial. Furthermore, this period of suspension only counts to the final licence disqualification if the magistrate determines that you ought to be disqualified from driving for a period longer than the minimum period set out in the legislation (and discussed below). In other words, the magistrate cannot subtract the period of licence suspension from the mandatory minimum.

However, if there is a risk that you will lose your employment (or your business, if you are self-employed), then you may apply for a temporary, restricted drivers licence while your matter is being heard in court. These temporary drivers licences are similar to a “work licence”, operate in a similar way, and have similar criteria that you must satisfy in order to get one. The main difference with these temporary drivers licences and a work licence is that (a) you must apply for them within 21 days from the date your drivers licence was suspended and (b) they expire once your matter has been finalised by the court.

In practical terms, these applications are best made if (a) you are going to plead not guilty to the drink-driving charge and go to trial, or (b) your matter will otherwise remain in court for a long period of time (because you want to negotiate with the police prosecutor, etc).

Pleading Guilty to Drink-Driving Charges

If you plead guilty to a drink-driving charge, the only task for the court is to impose penalties. In summary, drink-driving offences require the court to impose both the “standard” criminal penalties (fines, probation, imprisonment, etc) and a period of disqualification from driving. Queensland’s traffic legislation sets out a series of mandatory maximum criminal punishments and a set of mandatory periods of disqualification from driving. The criteria for what sort of punishment and disqualification from driving are twofold: firstly, the nature of the offence (low-range, mid-range, or high-range drink driving) and secondly, whether or not you have committed certain offences in the previous 5 years. For convenience, the following table sets out the constellation of maximum punishments and range of licence disqualifications as prescribed by law:

Driving under the Influence of Liquor or Drugs

Any Previous Convictions in the Last 5 years?

Maximum Penalty

No previous convictions

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

One previous conviction for either high-range drink driving or dangerous operation of a motor vehicle.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

More than one previous convictions for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Mandatory imprisonment (however imposed).

2 years – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

More than one previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Mid-Range Drink Driving

Any Previous Convictions in the Last 5 years?

Maximum Penalty

Range of Licence Disqualification

No previous convictions

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 12 months.

One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 18 months.

Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving and one previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Low-Range Drink Driving

Any Previous Convictions in the Last 5 years?

Maximum Penalty

Range of Licence Disqualification

No previous convictions

Fine of $3,096.00 or 6 months’ imprisonment.

1 month – 9 months

or

3 months – 9 months for learner, provisional or probationary drivers licences.

One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle

Fine of $4,644.00 or 1 year’s imprisonment.

9 months – permanent disqualification.

One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $3,096.00 or 6 months’ imprisonment.

3 months – 18 months.

Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.

Fine of $4,334.00 or 9 months’ imprisonment.

6 months – permanent disqualification.

Fine of $9,288.00 or 18 months’ imprisonment.

1 year – permanent disqualification.

Driving with a Relevant Drug Present in the Saliva or Blood*

*Penalties are the same as low-range drink driving.

Zero-Alcohol Drink Driving (eg P Platers or unlicenced)*

*Penalties are the same as low-range drink driving but the minimum disqualification starts at 3 months

Please note that this table does not include driver licence disqualifications for other offences (such as dangerous operation of a motor vehicle, marine-related drink-driving offences, etc). It also does not include driver licence disqualification periods if you apply for a work licence (as these periods may double if a work licence is granted).

Please also note that the reference to fines or imprisonment can also include community-based orders such as probation and community service orders. These types of penalty sit between fines and imprisonment in the hierarchy of punishments.

When the court decides the period of disqualification from driving, it must take into account:

The blood-alcohol concentration or presence of a relevant drug; and
The danger to the public (real or potential) that the circumstances of each case presented.

These penalties (including disqualification from driving) are imposed as a the date of conviction (ie, from the date you either plead guilty or are found guilty). As already mentioned, any period of drivers licence suspension you served prior to conviction can only be taken into account if the court considers that you ought to receive a period of licence disqualification longer than the legislated minimum.

Conclusion

As you can see, the legislative scheme for dealing with drink-driving charges is complex and can be confusing. The penalties for drink-driving can also be severe. That is why it is important to get expert legal advice before facing court.

Contact Us

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

For advice about your own situation, speak with our drink driving lawyers — call 1300 952 255, 7am–7pm, 7 days.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Work Licences for Drug Drivers in Queensland

Steven Brough — Tue, 21 May 2024 11:13:00 +0000

For many Queensland drivers, being charged with drug driving can be a daunting and life-altering experience. The prospect of losing your licence can impact your employment and, in turn, your ability to support yourself and your family. However, there is hope. Work licences are available to eligible drivers, allowing them to maintain their employment despite a drug driving offence.

This blog post will guide you through the process of obtaining a work licence for drug driving in Queensland, highlighting the importance, eligibility criteria, application process, and more.

Understanding Work Licences for Drug Drivers

A work licence is a special type of restricted licence that allows individuals convicted of a drug or drink driving charge to drive for work-related purposes. For those charged with drug driving in Queensland, a work licence can be a lifeline, enabling them to continue working and supporting their families while serving their driving disqualification.

Drug driving offences in Queensland are taken seriously, and penalties can be severe. However, the courts recognise that many individuals rely on their ability to drive for their livelihood. A work licence provides a balance between penalising offenders and maintaining their employment opportunities.

Learn more: We have the most comprehensive article on work licences in Queensland

Why is a work licence important for drug driving charges?

In Queensland we have mandatory periods of disqualification. This means that if you plead guilty to drug driving then you are going to be disqualified for a period of time. A work licence would be important to enable a person to keep driving, for work, during that disqualification.

Eligibility Criteria for a Work Licence

To be eligible for a work licence in Queensland, drivers charged with drug driving must meet specific criteria:

Criteria for Eligibility:

You must hold a current Queensland open licence at the time of the offence.
The drug driving offence must be your first such offence within the past five years.
You cannot have had a licence suspended or cancelled (except in some limited circumstances like certain SPER suspensions that did not go to court) in the last 5 years.
The drug driving offence must be Driving with a relevant drug in your system not driving under the influence of a drug
You must not have been driving for work purposes at the time of the offence.

Conditions and Restrictions:

If granted a work licence, you will be subject to strict conditions, including driving only during specific hours and for work-related purposes.

The work licence will be valid for the duration of your disqualification period.

You must comply with all other conditions imposed by the court, such as completing a log book or restricting who can be a passenger in the vehicle.

How to Apply for a Work Licence

The application process for a work licence in Queensland involves several steps. Here’s a step-by-step guide to help you through it:

Step 1: Gather Required Documents

To apply for a work licence, you will need the following documents:

A completed Form F2581 (Application for a Restricted Licence)

A detailed affidavit outlining your personal circumstances, the need for a work licence, and the impact of losing your licence on your employment and family.

An affidavit from your employer (if not self employed) confirming your employment, the necessity of driving for your job, and the hours you need to drive.

Any supporting documents.

Step 2: Submit Your Application

Submit your completed application and supporting documents to the Magistrates Court where your drug driving charge is being heard. Different courts have different procedures on how long before the court date the material needs to be filed. All the material also needs to the served on the police prosecutor.

Step 3: Attend the Court Hearing

You will need to attend a court hearing where a magistrate will consider your application. Be prepared to present your case and answer any questions the magistrate may have. It is highly recommended to seek legal representation to improve your chances of a successful outcome and reduce the disqualification period.

Step 4: Comply with Licence Conditions

If your application is approved, you will be issued a work licence with specific conditions. Ensure that you comply with these conditions to avoid further penalties or disqualification.

Benefits of Obtaining a Work Licence

Obtaining a work licence offers several benefits for drivers charged with drug driving:

Maintaining Employment

A work licence allows you to continue working and fulfilling your job responsibilities, which is crucial for financial stability and career progression.

Supporting Your Family

By maintaining your employment, you can continue to provide for your family, ensuring their well-being and security.

Reducing Stress and Anxiety

Knowing that you can still drive for work purposes can alleviate the stress and anxiety associated with losing your licence and the potential impact on your livelihood.

Common Mistakes to Avoid

The process of applying for a work licence can be complex, and making mistakes can jeopardise your chances of a successful outcome. Here are some common mistakes to avoid:

Incomplete or Inaccurate Documentation

Ensure that all required documents are complete, accurate, and up-to-date. Incomplete or inaccurate documentation can result in your application being rejected.

Missing the Application Deadline

Different courts have different deadlines, you need to check the court registry to confirm that courts rules.

Failing to Seek Legal Advice

Navigating the legal process can be challenging, and seeking professional legal advice can significantly improve your chances of a successful outcome. An experienced traffic lawyer can help you prepare your application, represent you in court, and ensure that you comply with all legal requirements.

Tips for a Successful Application

To increase your chances of obtaining a work licence, consider the following tips:

Demonstrate Genuine Need

Clearly articulate the impact of losing your licence on your employment, family, and overall well-being. Provide specific examples and supporting documents to demonstrate your genuine need for a work licence.

Show Remorse and Commitment to Rehabilitation

Express remorse for your offence and commitment to rehabilitation. Attend drug education or rehabilitation programs and provide evidence of your participation.

Seek Professional Legal Assistance

Engage the services of a qualified traffic lawyer who specialises in work licence applications. Their expertise and experience can significantly improve your chances of success.

Real-Life Success Stories

John’s Story

“John”, a delivery driver from Brisbane, was charged with drug driving and faced the prospect of losing his licence. As the sole breadwinner for his family, John was desperate to maintain his employment. With the help of a traffic lawyer, John successfully applied for a work licence and continued to support his family without interruption.

Sarah’s Story

“Sarah”, a nurse from the Gold Coast, relied on her ability to drive to attend to her patients. After being charged with drug driving, Sarah feared losing her job and the impact it would have on her patients. With legal assistance, Sarah obtained a work licence and continued to provide essential care to her community.

Conclusion

Obtaining a work licence for drug driving in Queensland can be a lifeline for drivers facing the prospect of losing their licence. By understanding the eligibility criteria, following the application process, and seeking professional legal assistance, you can increase your chances of a successful outcome. If you or someone you know is facing drug driving charges and needs a work licence, contact our experienced team at Clarity Law for expert advice and assistance.

Our Team

Every one of our traffic lawyers is extremely experienced appearing in the courts every week representing people charged with drug driving.

Steven Brough – Founder and traffic lawyer (22+ years experience)

Russell Tannock – Traffic lawyer (8+ years experience)

Jack Marshall – Traffic lawyer (2+years experience)

Jacob Purden – Traffic lawyer (8+ years experience)

Belinda Smyth – Client Services Manager (21+ years experience)

Between our lawyers we have appeared in court thousands of times representing clients with traffic offences from the Gold Coast to Bundaberg.

What do you charge?

We charge a flat upfront fee for our services, that means no hidden charges or unexpected bills. The money goes into a trust account and cannot be taken by us until the matter is completed.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure that although we are not the cheapest our prices, given our experience, is very competitive

Click here to see what we charge or see below for our current prices for a first time drink driving offence.

Work Licence (includes price of guilty plea) $2,990

Drug Driving (if no work licence possible) $2,750

If I contacted you what would occur?

If you contact us, then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email or contact form. They have over 45 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete online in less than 15 minutes. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with many hundreds of courts appearances for drug driving charges each.

Remember its critical you get advice before going to court, a drug driving charge no matter the reading will have an impact on you, your family and your employment or business.

What courts do you appear in?

We appear in every court in Southeast Queensland from Southport to Hervey Bay. Just some of the courts we appear in are representing drink drivers include;

Brisbane

Beenleigh Brisbane Cleveland

Holland Park Pine Rivers Richlands

Sandgate Wynnum

Sunshine Coast

Caboolture Caloundra Gympie

Maroochydore Nambour Noosa

Gold Coast

Beaudesert Coolangatta Southport

Darling Downs

Gatton Toowoomba Ipswich

Kingaroy Toogoolawah

Fraser Coast

Maryborough Hervey Bay Bundaberg

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drug driving and work licences.

How Drink and Drug Driving Laws Affect Truck Drivers in Queensland

Steven Brough — Mon, 20 May 2024 07:42:00 +0000

Introduction

For truck drivers, a single misstep of being charged with a traffic offence can have far-reaching consequences, not only for their careers but also for their personal lives.

Among the most serious traffic offences are drink and drug driving. These offences carry severe penalties and can devastate a truck driver’s livelihood. This blog post delves into the implications of these laws, offering insights and practical advice for truck drivers charged with drink or drug driving in Queensland.

The Seriousness and Implications of Drink and Drug Driving in the Trucking Industry

Truck drivers hold a unique position on the roads, responsible for operating large vehicles that require heightened skill and concentration. Consequently, the laws governing their conduct, especially pertaining to drink and drug driving, are stringent.

The Queensland government has enacted some of the toughest legislation to deter and penalize drink and drug driving, reflecting the gravity of these offences. For truck drivers, understanding these laws is crucial to safeguarding their careers and ensuring road safety.

Specific Laws and Penalties for Drink and Drug Driving in Queensland

Drink Driving Laws

In Queensland, the legal blood alcohol concentration (BAC) limit for truck drivers is 0.00%. This zero-tolerance policy underscores the responsibility truck drivers bear. If a truck driver is found to have a BAC over this limit, they face significant penalties, including:

Fines

Immediate licence suspension

Disqualification by the courts

Drug Driving Laws

Drug driving laws are equally stringent. There are two primary offences related to drug driving:

Licence Disqualification and Employment Consequences

The immediate consequence of a drink or drug driving charge is often the disqualification of the driver’s licence. For truck drivers, whose livelihood depends on their ability to drive, this can be catastrophic. A disqualified licence means an inability to work, resulting in loss of income and potential job termination.

See below for more information on work licences.

Long-term Career Implications

Even after serving the suspension period, the long-term effects linger. A criminal record can make it challenging to secure future employment within the trucking industry, as employers often conduct background checks.

In Queensland a conviction for a drink or drug driving charge is not recorded on a person’s criminal history but can be recorded on their traffic history. Given most employers would want to see a drivers traffic history if they apply for a job this can be a serious impediment to gain employment.

The recording of a conviction is not mandatory, it is up to the Magistrate to decide whether to record a conviction or not. Section 12(1) of the Penalties and Sentences Act provides that the court may exercise a discretion to record a conviction or not.

In considering whether or not to record a conviction, the court must have regard to all circumstances of the case, including:

the nature of the offence; and
the offender’s character and age; and
the impact that recording a conviction will have on the offender’s economic or social wellbeing; or chances of finding employment.

The law is in place as it recognises that the recording of a conviction can have a huge impact on a person even years after the offence has been resolved in court.

How does the Magistrate decide whether to record a conviction?

Section 12 is not exhaustive which means the court must consider the factors in section 12 but can consider other things as well.

Generally the court will be looking at:-

The nature of the offence

This is fairly obvious the more serious an offence the more likely a conviction will be recorded. With drink driving the court will look at the BAC reading and whether any accident occurred.

The offender’s character and age;

Younger offenders are more likely not to have a conviction recorded for a drink driving charge. This does not mean older offenders will automatically have a conviction recorded as an offenders character is also taken into account. Character would usually be judged on a persons traffic and criminal history (if any).

The impact that recording a conviction will have on the offender

The impact of the recording of a conviction must be taken into account by the court. Given the conviction is going to be recorded on the traffic and not criminal history a person would have to show how a traffic conviction will impact them negatively. A truck driver who if they get a conviction recorded their employer will fire them or they will find it hard to get employment in the future would have an argument why a conviction should not be recorded as trucking companies would likely ask new applicants for a job to show them their traffic history.

In the past the courts have generally considered they should record a conviction for a traffic offences however the cases of Wilson v Commissioner of Police & Clinton v Commissioner of Police have shown that a magistrate cannot simply automatically record a conviction for drink driving without properly considering the factors in section 12.

Learn more about the recording of a conviction for drink driving charges.

Getting a Work Licence

A truck driver who is charged with drug or drink driving would obviously be looking at whether they could apply for a work licence to keep driving.

Where a person was driving a truck, a bus, an articulated motor vehicle, a B-double or a road train at the time they were arrested the law does not allow them to apply for a work licence at all. The truck is defined as any truck with a GVM over 4.5t.

If a person was arrested while driving a motor vehicle but needs a work licence to earn an income as a truck driver then they may be able to apply for a work licence.

There are strict rules relating to work licences so go to our dedicated work licence page to learn more.

Conclusion

Compliance with drink and drug driving laws is crucial for truck drivers, not only for their safety but also for their professional and personal well-being. The stakes are high, and the consequences of a violation are severe.

At Clarity Law, we are committed to helping truck drivers through these difficult times with expert legal advice and representation. Our team understands the unique challenges faced by truck drivers and is here to provide the support and guidance needed to protect your career and livelihood. If you or someone you know is facing drink or drug driving charges, don’t hesitate to contact us for a consultation.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to book a teleconference at a time that suits you
Email our firms founder at steven@claritylaw.com.au
Send us a message on Facebook Messenger

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drug driving charge will have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Will I Incur Demerit Points for a Drink or Drug Driving Offence?

Steven Brough — Mon, 18 Dec 2023 10:32:00 +0000

Drink driving and drug driving charges in Queensland require an attendance in court and aren’t just matters that can be resolved through the issue of a ticket. Clients often ask us will I get any demerit points for a drink or drug driving charge?

Demerit points in Queensland

The law specifies that certain traffic offences automatically attract demerit points. For example it is well known that speeding infringements along with a fine will attract demerit points.

Less well known are certain offences that can be dealt with in court, for example careless driving, also attract demerit points.

See the demerit points schedule for a list of common offences and the demerit points that apply for

Can a court impose demerit points?

A judge or magistrate cannot impose demerit points and neither can they say demerit points should not be applied. If you are found guilty or plead guilty to certain offences in court then demerit points are automatically imposed.

If the law does not mandate that an offence carries demerit points then no demerit points will be incurred.

What about drug or drink driving charges?

Drink driving and drug driving charges do not incur demerit points. A court will disqualify a person’s licence but demerit points are not applied to the charge.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.

Can You Get a Work Licence if Charged With Drug Driving?

Steven Brough — Thu, 07 Dec 2023 09:48:00 +0000

Most people would be aware that certain drink driving charges allow you to apply for a work licence to keep driving for work purposes. The question is, can a person charged with drug driving also apply for a work licence?

What are the conditions to be able to apply for a work licence

at the time of the offence, you held a current Queensland open driver licence
at the time of the offence, you were not driving for your job (there are some exceptions)
in the last five years, you have not been convicted anywhere of a drink or drug driving offence
in the last five years, you have not been disqualified or had your licence suspended or cancelled in Queensland

Who cannot apply?

You cannot apply for a work licence if any of the following circumstances apply to you:

at the time of the offence, you were driving a motor vehicle that you were not authorised to drive
you held a provisional licence or learners permit
your blood alcohol level exceeded 0% while driving a truck or taxi
your BAC reading was above .15 (high range drink driving) or you were charged with driving under the influence of a drug.

If you have a drink or drug driving matter and are not eligible to apply for a work licence then we can help minimise your period of licence disqualification just visit our drink driving or drug driving webpage for more information.

What exactly is a work licence?

A work licence allows a person to drive for purposes directly connected with the means of earning an income. A work licence is available to employed and self-employed people. A work licence will allow you to drive to and from your place of work using the shortest route possible as well as drive for any required work duties.

A work licence cannot under any circumstances allow you to drive for personal reasons such as shopping, picking up your children, going to the doctor etc.

What types of drug driving charges are there in Queensland?

There are two types of drug driving charges in Queensland. They are:

Drug driving – Under the influence
Drug Driving – Relevant drug in your system

You cannot apply for work licence if you have a charge of drug driving under the influence.

Driving with a relevant drug in your system

The is the lessor of the drug driving charges. It is generally imposed where a salvia test shows up positive but the person is not otherwise showing any signs or indicia of being affected by that drug.

For an open licence holder with no previous disqualification in the last 5 years the minimum disqualification starts at 1 month and can go as high as 9 months. In many cases a person in this situation could apply for a work licence.

Driving under the influence of a drug

Driving under the influence of a drug (“DUI”) is the more serious of the drug driving charges in Queensland. It is generally charged where a person is showing signs of being affected by drugs or where there is an accident and a blood sample is taken, tested and found to contain high levels of drugs.

The minimum disqualification period for this charge is 6 months, if the person has no previous convictions.

You can be charged with driving under the influence of any type of drug not just the ones tested for in the salvia test. This means you can be charged with drug driving even on legally prescribed drugs.

You cannot apply for a work licence if charges with this offence.

So can a drug driver apply for a work licence?

Yes, a person charge with drug driving can apply for a work licence as long as the following apply;

The conditions mentioned earlier are met and there are no disqualifying conditions
That the charge was drug driving with a relevant drug in your system and not drug driving under the influence
You pass the following work licence tests
1. You are a fit and proper person to hold a work licence; and
2. You will lose your job or income if you aren’t granted a work licence

The police should have written it on your notice to appear in court.

Otherwise if you were given a notice of suspension of your licence for 24 hours then this is likely a sign you were charged with drug driving with a relevant drug.

What do you charge?

We charge a fixed fee of $2,990 to apply for a work licence (including the guilty plea), that means no hidden charges or unexpected bills.

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you. Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our price includes;

full preparation for court including checking for defences and devising strategy to minimise penalty
contact with the police prosecution unit to obtain your traffic history and charge documents
drafting all affidavit material
arranging for you to attend a driving course (if appropriate)
all telephone calls, emails and meetings with you
detailed information to you on the likely penalty and information on what will happen at court and afterwards
appearing in the court with you for your guilty plea to the drug driving charge and for the work licence application

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge and work licences. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

How do I get more help or engage you to act for me?

We have been operating since 2010 and undertaken almost 1,000 successful work licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message
Visit our main Work Licence or Drug Driving pages.

Exemptions to Installing an Interlock After a Drink Driving Offence in Queensland

Steven Brough — Thu, 27 Jul 2023 12:01:00 +0000

If you have been convicted of a mid range or high range drink driving offence (or 2 low range drink driving charges in 5 years) in Queensland, you will be required to install an alcohol interlock in your vehicle. However, there are some legal exemptions to this requirement.

The following are the legal exemptions to installing an interlock after a drink driving offence in Queensland:

You live in a remote location.
You live on an island.
You have a medical condition that prevents you from providing a breath sample.
Your family will experience severe hardship if you are not granted an exemption.

An interlock exemption cannot be granted if you are unable to install the interlock for employment, education or financial reasons.

You live in a remote location

If you live more than 150 kilometres from the nearest interlock installer, you may be exempt from installing an interlock.

The application must provide proof you live in a remote location by providing one of the following

Lease/rental document
Mortgage/land ownership certificate
Electricity/gas/telephone account
Rates notice
Land tax valuation notice
Australian Tax Office notice
Australian Electoral Enrolment letter
Services Australia (Centrelink/Medicare/Child support) letter

You live on an island

If you live on an island that is not linked to the mainland by bridge, you may be exempt from installing an interlock.

The application must provide proof you live on an island by providing one of the following;

Lease/rental document
Mortgage/land ownership certificate
Electricity/gas/telephone account
Rates notice
Land tax valuation notice
Australian Tax Office notice
Australian Electoral Enrolment letter
Services Australia (Centrelink/Medicare/Child support) letter

Certain islands are excluded from the exemption including;

Coochiemudlo Island;
Fraser Island;
Karragarra Island;
Lamb Island;
Macleay Island;
Magnetic Island;
North Stradbroke Island;
Orpheus Island;
Russell Island.

You have a medical condition that prevents you from providing a breath sample

If you have a medical condition that prevents you from providing a breath sample, you may be exempt from installing an interlock.

You will need your doctor to complete an Alcohol Ignition Interlock Program – Medical Certificate for Interlock Exemption Application (form F4864).

Your family will experience severe hardship if you are not granted an exemption

If your family will experience severe hardship if you are not granted an exemption, you may be exempt from installing an interlock.

The law states that an exemption could be considered where:

refusal to grant the exemption would cause severe hardship to the applicant in a way other than by preventing the applicant from driving—

to or from, or in the course of, the applicant’s employment;

Its critical to remember that the family hardship exemption does not apply to the fact the driver or the family member won’t be able to work, drive to their educational facility or for financial reasons. This means you can’t get an exemption if you wanted to drive a family member to their university.

The types of reasons you might seek an exemption for family hardship reasons could include;

only one vehicle is reasonably available to you or your family member and the family member has a medical reason for why they cant provide a sample of their breath
not being granted an interlock exemption would cause you or your family member severe hardship
no other transport is reasonably available to you or your family member

“Severe hardship” isn’t defined in the act. Generally, it might be thought that severe hardship refers to a situation in which a person’s life will be made significantly difficult or unpleasant. The key is its just not hardship its severe hardship. Severe is defined as generally “very bad, serious, or intense”. It can also mean “extreme” or “grave.”.

Evidence might need to include statutory declaration for family members, ownership records of any motor vehicles owned by family members, letter from an interlock installer saying an interlock can’t be installed etc

How do I apply for an alcohol interlock exemption?

If you believe you can apply for an exemption then it can be done in the following ways;

Online through this link
In person at a TMR location using form F4862 – Alcohol Ignition Interlock Program – Interlock Exemption Application. The form can be download here

Here are some additional things to keep in mind about interlock exemptions

The exemptions are limited, and they are rarely granted and almost all people won’t be able to apply for an exemption.
You must apply for an exemption before your interlock program starts.
You must provide evidence to support your application for an exemption.

If you are granted an exemption from installing an interlock, you will still be subject to other penalties for your drink driving offence. These penalties will include a fine, a period of disqualification from driving, and a requirement to complete a drink driving course.

Can you help me with an interlock exemption?

No, Unfortunately as the application isn’t heard in court but decided by TMR we can’t assist on applying for exemption but we can help with any drink driving charge.

The information here is provided just to give our clients and other people needing to install an interlock more information.

Second Drug Driving Charge

Steven Brough — Mon, 17 Jul 2023 09:28:00 +0000

Drug driving charge continues to increase in Queensland largely due to more police testing the introduction of testing for cocaine. If this is your second or more drug driving offence then you will face increase penalties and in some cases the inability to apply for a work licence.

In this blog post we will look at the penalties for a second drug driving charge and whether any defence exists.

What drugs are tested for?

Driving while a ‘relevant’ drug is present in your blood or saliva is an offence under the traffic legislation. For present purposes we will consider a ‘relevant drug’ as either cannabis, MDMA or methylamphetamine (Ice) and cocaine as these are the only illicit drugs the police saliva tests currently detect.

How in a drug driving offence detected?

In the vast majority of cases, police will direct a person to pull over and then give the person a ‘stick’ to swab over their tongue/inside of their mouth. The result is usually immediate. This is called a saliva test. Less commonly, police may require a blood test. This will generally only happen if a person is at a hospital (usually in relation to a crash), and police ask a nurse or doctor to take a sample of blood.

Once a drug is detected by the preliminary test, it is then sent to a government-run lab for thorough analysis. So long as the analysis result comes back contained within the correct form/certificate, this is considered to be conclusive evidence that a drug was present in the sample provided, and is therefore conclusive proof there was a drug present in the driver’s saliva or blood.

How much can be in your system before it is illegal?

The drug driving laws only require a detectable amount of a relevant drug to be in a person’s saliva. That is to say, the analysis results do not, unlike drink driving analysis results, give a figure of just how much of the drug was in the person’s body. This means, perversely, that a person can have the smallest trace of the drug in their system, and if this is detected, it will be sufficient to establish a charge of drug driving.

So, any detectable amount is illegal, and we do not know at what point a quantity of drug transforms from undetectable to detectable. Anecdotally, we have been told it can be days, and in extreme cases, even a week after a person has taken a drug, that it can be detected by the tests.

But I didn’t feel affected!

Having had the opportunity to observe self-represented defendants in court, a common claim/complaint is the person was not under the influence or had had the drug some days before the test. Again, unlike drink driving offences, there is no legal requirement for the person to be affected by the drug in any way.

In an indirect way, the drug driving traffic laws do what the drug possession laws don’t: they penalise drug consumption as opposed to drug possession. Given the sizeable number of people in Queensland who consume cannabis (and the other drugs to a lesser extent), enforcing these offences is low-hanging fruit for police.

What if I have a medical prescription for cannabis?

Unfortunately, it is still an offence to drive while cannabis is present in your saliva, even if it is prescription cannabis. The linked article explains in greater detail.

What are the penalties for a second offence of drug driving

The law mandates minimum disqualifications for these offences.

For the first offence, for a person on an open licence, the minimum disqualification is 1 month however for a second offence in 5 years a open licence holder faces a minimum disqualification of 3 months and a maximum of 12 months. For two prior offences within 5 years, it is 6 months.

For a learner, P plates, or unlicenced driver, the minimum penalty starts at 3 months.

Aside from disqualifications, the other penalty to expect is a fine, typically in the range of $900 to $1,300 for a second drug driving offence. There is no set rule on the amount of the fine, and the exact amount depends on your circumstances and history.

Be aware, too, that if you accumulate two or more drug driving offences before you have them dealt with in court, the disqualifications will stack, that is, run one after the other. So, if you got two drug driving offences on an open licence a couple of days apart, and were then dealt with by a court, your minimum disqualification would be 2 months: 1 month for each offence.

Possible Defences

Honest and reasonable mistake

Unfortunately, this defence is specifically precluded by section 79(12) of the Transport Operations (Road Use Management) Act 1995. That means even if there is a drug in your system and you don’t know how it got there, or it got there in some way that you didn’t intend (such as second hand smoke), you will still be liable for the offence.

Emergency

It is a defence if you can prove that you drove, and it was an emergency. Generally, the situation needs to be immediate, for example – another person in the car needs urgent medical attention. There is no limit to the situations in which the defence can apply, but it needs to be an emergency so immediate that driving while a drug was present appeared to be the only option. Obviously, feeling extremely hungry and needing to do a Macca’s run is not going to cut it!

Identification

In a very rare case, it may be possible someone else convinced police he or she was you and police charged someone according to your details and believing it was you.

There was not a drug present

This is another difficult defence to run, because once police have a certificate confirming a relevant drug is in your saliva, the only way to disprove that is to get a different expert to say the analysis is wrong.

You were in the car, or near the car, but were not going to drive

Police can charge you with being ‘in charge’ of a motor vehicle while a drug was present, that is, you weren’t driving, but you had the potential to drive.

This is different from being charged with actually driving.

The law gives you defence in such a situation, which is:

No, not for drug driving offences.

What can I do to prepare for my court date?

We, naturally, recommend you contact us and get legal advice. Getting some character references helps, and if you have history for similar offending, participating in the Queensland Traffic Offenders Program can also help. You would want to make sure you do not drive by yourself to court as, unlike NSW, there is no possibility of getting an outcome that will not disqualify your licence.

Can I get a work licence?

This is a possibility for this offence. There are a couple of pre-conditions, however:

You cannot have been disqualified or suspended within 5 years before the offence (except SPER suspension),
You must have had an open licence when the offence was committed,
You must genuinely need your licence for work, and no other reason.

You can find more detail on the subject of work licences here.

If your previous drug driving charge was within 5 years then you cannot apply for a work licence.

How can Clarity Law help me?

While many people decide to go to court without a solicitor, this is a roll of the dice.

Clarity Law can help you in the following ways:

We know the magistrates well. Fair or not, the magistrate and how he or she is handled can make a big difference to the outcome,
We are experts in traffic law. We may be able to identify issues you would not have considered and bend them in your favour in court. We are also much more likely to provide a comprehensive service compared to a law firm that only does traffic law occasionally,
We are experienced advocates. To most people, public speaking is an alien and feared event. For us, however, this is something we do multiple times per week. We know how to structure your case and deliver it in court for the most advantageous outcome.
You will get out of court early. With a solicitor by your side, you will be able to be one of the first people to have his case dealt with, rather than one of the last.
You are our focus. We help people just like you all the time. We appreciate your money and time are important to you, and we make every effort to ensure you properly understand your rights, and that you are treated with curtsey and respect.

Cocaine Testing for Drivers in Queensland

Steven Brough — Mon, 10 Jul 2023 07:02:00 +0000

Queensland has become the one of the first states in Australia to introduce roadside testing for cocaine. The new testing program, which began on 7 July 2023, uses saliva swabs to detect the presence of cocaine in drivers’ systems.

Introduction

The introduction of cocaine testing in Queensland is a response to the growing problem of drug-driving in the state. In 2022, there were 61 people killed in crashes involving a drug-driver or rider in Queensland. This was an increase of 20% from the previous year.

The new testing program is intended to help to reduce the number of drug-driving deaths in Queensland. It is also expected to deter drivers from using cocaine before getting behind the wheel.

The approval of the “drugwipe” salvia testers manufactured by Securetec has made the testing for cocaine possible. Previously the tests only looked for traces of MDMA, Amphetamines and THC. The manufacturer claims the tests can be completed in 5 minutes.

It’s important to note that the roadside test is not what is relied on to prove the charge of drug driving. A sample is still sent to a Queensland laboratory for testing, and it is this test that finally determines if cocaine is present in the saliva or not. The roadside test is merely an indication that cocaine may be present thus allowing the police to arrest a person for drug driving subject of course to the actual test coming back positive.

The level of cocaine in the system is also not tested, just whether or not there is any scientifically measurable amount of cocaine.

It is important to remember that even if you have not used cocaine recently, you could still test positive for the drug. This is because cocaine can stay in your system (or at least the salvia) for up to 48 hours after you have used it.

Types of drug driving charges in Queensland

There are two possible drug driving charges in Queensland either;

driving whilst a relevant drug is in the system; or
driving under the influence of a drug (“DUI”)

In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

If cocaine is detected roadside and the driver is not otherwise showing signs that the drugs are affecting their ability to drive they would be charged with driving with a relevant drug in their system.

In Queensland we have mandatory periods of disqualification which means even a first offence of drug driving will lead to the loss of the drivers licence and the potential need for a work licence application.

Penalties for drug driving

The penalties for drug-driving in Queensland are severe. Drivers who are convicted of first time drug-driving can face fines of up to 14 penalty units (currently $2,417.80), loss of their driver’s licence for up to 9 months.

See this article for more information on drug driving penalties in Queensland.

Key Takeaways

Here are some of the key points about the introduction of cocaine testing for drivers in Queensland:

The new testing program began on Friday, 7 July 2023.
The tests use saliva swabs to detect the presence of cocaine in drivers’ systems.
The tests are expected to help to reduce the number of drug-driving deaths in Queensland.
The penalties for drug-driving in Queensland are severe.

If you are caught driving with cocaine in your system, you could face the following penalties:

A fine of up to 14 penalty units (currently $2,417.80)
Loss of your driver’s licence for up to 9 months (for a first time open licence holder)

First Time Drug Driving Offence in Queensland: Understanding the Consequences

Steven Brough — Sun, 21 May 2023 05:59:00 +0000

Drug driving is a serious offence that can have significant consequences for both the driver and other road users. In Queensland, drug driving is a criminal offence that carries severe penalties, including fines, licence disqualification, and possible imprisonment if someone has been injured in an accident. This article will provide an overview of first-time drug driving offences in Queensland, including what to expect if charged and possible defences against the charges.

Introduction

Drug driving refers to driving a vehicle while under the influence of drugs, including illegal drugs and prescription medication. Drugs can affect a driver’s ability to operate a vehicle safely, leading to accidents, injuries, and fatalities. In Queensland, drug driving is a significant problem, with more than 15% of drivers involved in fatal crashes testing positive for drugs.

Understanding drug driving offences in Queensland

The legal limit for drugs while driving in Queensland is zero. This means that any trace of drugs in a driver’s system can result in a charge of drug driving. Queensland police use saliva testing to detect drugs in drivers, including cannabis, methamphetamine, ecstasy, and cocaine. If a driver tests positive for drugs, they can be charged with a drug driving offence.

Penalties for first-time drug driving offences in Queensland can be severe, including fines of up to 14 penalty units (currently $2,418), licence disqualification of 1 to 9 months for a first time open licence offender.

What to do if charged with a first-time drug driving offence

If charged with a first-time drug driving offence in Queensland, it is important to seek legal advice from qualified drug driving lawyers who specialises in traffic offences. The lawyer can advise the driver on their rights, possible defences, and the best course of action to take.

Appearing in court is a mandatory requirement for drug driving offences. The driver can choose to plead guilty or not guilty to the charges. If pleading guilty, the driver can present mitigating circumstances to the court to seek a more lenient penalty. If pleading not guilty, the driver can contest the charges by presenting evidence to the court to support their defence.

A first-time drug driving offence can have a significant impact on the driver’s licence, with licence disqualification periods ranging from 1 to 9 months. It might be possible to apply for a work licence to mitigate the impact of the disqualification.

Avoiding drug driving offences in Queensland

The best way to avoid drug driving offences in Queensland is to stay drug-free before driving. This includes avoiding illegal drugs and ensuring that any medication being taken is not impairing the driver’s ability to operate a vehicle safely. Drivers should be aware of the potential side effects of medication and consult with a doctor or pharmacist if they have any concerns.

If a driver is planning on consuming drugs or alcohol, they should make alternative transport arrangements, such as using public transport, a designated driver, or ride-sharing services.

Conclusion

A first-time drug driving offence in Queensland can have severe consequences for the driver, including fines, licence disqualification, and a criminal record. It is important to understand the legal limit for drugs while driving, the types of drugs tested in Queensland, and the possible defences against drug driving charges. Seeking legal advice and appearing in court are essential steps for drivers charged with a drug driving offence. The best way to avoid a drug driving offence is to stay drug-free before driving and make alternative transport arrangements if planning on consuming drugs or alcohol.

FAQs

What is the legal limit for drugs while driving in Queensland?
The legal limit for drugs while driving in Queensland is zero.

What types of drugs are tested in Queensland for drug driving?
Queensland police use saliva testing to detect drugs in drivers, including cannabis, methamphetamine, ecstasy, and cocaine.

Can a driver charged with a first-time drug driving offence plead not guilty?
Yes, a driver charged with a first-time drug driving offence can plead not guilty and contest the charges by presenting evidence to the court however there are only limited defences to a drug driving charge

How long can a driver’s licence be disqualified for a first-time drug driving offence in Queensland?
Licence disqualification periods for first-time drug driving offences in Queensland can range from 1 to 9 months.

Where can I find a good lawyer for a drug driving lawyer in Brisbane?
Drug Driving Lawyer Brisbane

What is the best way to avoid a drug driving offence in Queensland?
The best way to avoid a drug driving offence in Queensland is to stay drug-free before driving and make alternative transport arrangements if planning on consuming drugs or alcohol.

Can You Drive on Prescription Cannabis in Queensland?

Steven Brough — Mon, 17 Apr 2023 12:05:00 +0000

Cannabis was made legal for medical purposes in Queensland in 2016. It is, however, illegal for a person to drive while a detectable amount of THC (the active compound in cannabis) is in his saliva or blood. This remains so, even if you have a legal prescription for cannabis containing THC.

You cannot get How can a legal cannabis user know when to drive? a work licence if:

The burden is on the user of the legal cannabis to assess just how much THC is in his or her system when deciding to drive. Difficulties are further compounded by the lack of clarity around how long detectable quantities of cannabis will remain in a person’s body. A number of factors must be considered:

How much cannabis has been consumed,
The concentration of THC in that cannabis,
When it was consumed,
Whether the person ate before consuming the cannabis,
Whether the person is generally in good health,
The rate at which a person’s body digests and metabolises cannabis,
The method used to consume the cannabis (oil, smoking, vaping, eating?).

Unfortunately, there is very little guidance available for those with a prescription for cannabis about the above factors. People are (sometimes) told by their doctors they cannot use their medication and drive.

According to the Alcohol and Drug Foundation:

Random roadside saliva tests can detect THC (the active ingredient in cannabis) for around 12 hours after use in people who use cannabis infrequently or ‘recreationally’. For people who frequently use cannabis, THC can usually be detected for around 30 hours. It’s important for people who use cannabis frequently to know that THC can be found in urine samples for around a month after cannabis was last used. This is because the body stores THC in fat cells for a period of time.

Does a person have a defence if he or she has made an honest and reasonable mistake?

Under section 24 of the Criminal Code a person who does an act ‘under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as the person believed to exist.’

Under section 79(2AA) of the Transport Operations (Road Use Management) Act (TORUM), it is an offence to drive while a relevant drug is present in a driver’s blood or saliva. Note, it does not matter if the person is affected by the drug. It only matters if the drug is detected. This will generally be tested by police requiring a person to swab their mouth or tongue in an initial road-side drug test.

We frequently speak with people who tell us that they do not know how a drug got into their system, because they did not deliberately consume it. For example, the person may have been at a party where others were passing around a joint, and may have inhaled some of the second-hand cannabis smoke. If correct, this would indicate the person had made an honest and reasonable mistake regarding whether she had cannabis present in her blood or saliva at the time of driving (i.e., she thought she didn’t).

Additionally, a person may honestly and reasonably believe he is permitted to drive 12 hours after he has consumed medically prescribed cannabis, given he did not feel affected and had a medical prescription for the cannabis.

Returning, however, to section 79 of the TORUM, the section specifically states, at sub-section (12), “The Criminal Code, section 24,does not apply to an offence under this section.”

To make a long story short, it is not a defence to a charge of drug driving that a person held an honest and reasonable belief that they would be permitted to drive some time after consuming legally prescribed medicinal cannabis.

There are no exceptions in the law that allow for this.

Legal Change?

While the Minister for Transport and Main Roads has all but conceded the law can function unreasonably in this context, it appears the Parliament presently has no plan to change the law. A Bill was passed amending the TORUM Act in September 2022, which did not incorporate suggested amendments, which would have provided an exception to the illegality of drug driving if the drug detected was supplied to the driver as medicinal cannabis. It is unknown why this seemingly sensible amendment was rejected.

What’s the bottom line?

Clarity Law most likely cannot get you out of a charge for drug driving. The Parliament has deliberately made it difficult to defend these charges. Our experience in negotiating with the prosecutors confirms their unwillingness to withdraw or drop drug driving charges, even if we can prove you were prescribed medical cannabis. What we can do, is assist you to get the lowest licence disqualification possible, and potentially help you obtain a work licence. These things in themselves can make a big difference to your life and maintaining employment.

For more detailed information on drug driving offences in general, you can read our comprehensive article here.

The current Queensland position: holding a valid medicinal cannabis prescription is not a defence to driving with a relevant drug (THC) present in your saliva or blood. Unlike prescription medicines generally, THC is a listed relevant drug, and the offence is committed simply by driving with it present — regardless of whether you were impaired or lawfully prescribed it.

Drug Driving Loopholes in Queensland

Steven Brough — Sun, 26 Feb 2023 08:07:00 +0000

Drug driving in Queensland is becoming one of the more common traffic offences that can bring people to court.

People charged are obviously interested to know if there is a way to get out of the charge i.e. are there loopholes to drug driving charges in Queensland? Can I beat a drug driving charge? How to get off a drug driving charge? Is there a defence to a drug driving charge?

In this article we will use the term “loophole” but it’s important to note they aren’t real loopholes, they are for the most part legal requirements that must be completed by the police for a successful prosecution of a drug driving charge.

The basics

There are two possible drug driving charges in Queensland either;

driving whilst a relevant drug is in the system; or
driving under the influence of a drug (“DUI”)

In essence driving with a relevant drug in the system is similar to low range drink driving while driving under the influence of a drug is similar to high range drink driving.

In Queensland we have mandatory periods of disqualification which means even a first offence of drug driving will lead to the loss of the drivers licence.

How are the drug tests carried out?

Drug driving tests are conducted in a similar way to RBTs. The tests are mostly done through an oral saliva test, however they can be conducted through a blood drug test or a urine drug test if you are unable to provide a saliva sample.

To test for drug driving Queensland police will ask for a saliva sample for the purpose of testing for:

THC – active ingredient in cannabis;
Methylamphetamine – also known as speed and ice; and
MDMA – the active ingredient in ecstasy.

Drug Driving Loophole number 1 – The 3 hour rule

The police must conduct the salvia or blood test within 3 hours of you driving and it must be conducted in accordance with the law.

Lets take an example of someone alleged to have been seen driving recklessly thorough a carpark. They are seen at 6:51pm and the police are notified at 6:55pm. The police obtain CCTV footage from a local business and they make out the rego number. They then cross check who owns that vehicle and go to the home of the owner. All of that has taken some time so they don’t arrive at the home until 10:10pm and request the owner take a drug test. The test was taken more than 3 hours after the police became aware of the alleged driving and therefore the court has the power to declare that the blood test cannot be used in court.

Drug Driving Loophole number 2 – Reasonable grounds

Queensland law states that the police may require a blood or salvia test if they find a person driving a vehicle, attempting to drive a vehicle or being in charge of a vehicle. If the police don’t find a person actually in or around the vehicle then they can only obtain a test if they suspect on reasonable grounds that a person drove or attempted to drive a vehicle in the last 3 hours.

As to what reasonable grounds are, it isn’t defined in the act. The test would be objective i.e. what would a “reasonable” police officer in the situation consider to be information that would lead them to consider that someone has attempted or actually drove.

Drug Loophole number 3 – I didn’t know

Under our general criminal laws there is a defence of mistake. That means for example a person has been given a substance by a person, they are told it is a weight loss drug, they take it and in fact it had an illicit drugs mixed in. This might normally be a grounds to raise a defence.

Unfortunately in Queensland the mistake of fact does not apply to drug or drink driving charges. If you take drugs, even without your knowledge it is not a defence if the drugs show up in the drug test results.

Drug Loophole number 4 - I was in the vehicle but not driving

You can be charged with drug driving being in charge of a vehicle if you had control of the motor vehicle for example if you were in the driver’s seat and had the keys near you even if you were not driving or had no intention of driving. Often this occurs when people are in the car waiting to be picked up, in the car wanting to find something or just sleeping.

It does not matter that the car was not on a road. You can be charged with drug driving even if the car was on private property such as a car park or driveway.

If however you were not in the front compartment and took steps that clearly indicate you had no intention of driving and the vehicle was parked safely then this may be a defence.

Drug Loophole number 5 – The test is wrong

People often contact us and tell us they took no illicit drugs, only a legal substance like cough medicine or similar. The problem is that the drug test is presumed to be correct by law.

If you find yourself in that situation keep the substance you took and urgently get a drug test taken so that there might be evidence that could be used to try and negotiate with the police prosecutor to try and have them withdraw the charge.

Drug Loophole number 6 – Prescription Medications

Some drivers may be prescribed medications that can impair their driving, such as benzodiazepines or opioids. While it is legal to use these medications with a valid prescription, it is illegal to drive while under the influence of them. However, it can be difficult to prove that a driver was impaired by prescription medication, as the effects can vary depending on the individual and the dosage.

As a salvia test will not pick up a prescribed medication (except cannabis) the only way you can get a drug driving charge is if the police alleged you were under the influence based on what they saw or in legal terms your indica.

The types of indicia that might result in a charge of driving under the influence of a drug include;

The manner of driving
A person physical condition and appearance
Behaviour and attitude
A person’s eyes and breathing
Speech
Coordination
Memory
Health
Conduct at watch house or with police

It would be up to the police to prove to the court that the indica shows that you were under the influence of a drug.

Drug Loophole number 7 - legally prescribed cannabis

At the present time Queensland law does not provide an exemption for driving with prescribed cannabis in your system. Therefore regrettably even if you had a valid prescription if any cannabis is found in your system you will be charged and the fact it was prescribed is not a defence recognised by the law. The law around this will hopefully change.

Drug Loophole number 8 – The police stuffed up the test

The police must follow quite a strict set of procedures when they either administer a test or get a nurse of doctor to take a blood sample.

It’s beyond an article like this to go into depth if the police did the test incorrectly and even if they did something wrong whether this would invalidate the charge. You would need an experienced traffic lawyer to properly go through the facts and evidence.

The reality

The reality is very few drug driving cases go to a trial and even fewer are successfully found not guilty.

Often where a loophole exists the matter is resolved through negotiations and case conferencing between the prosecutor and the defendants lawyer. This is often the cheapest, quickest and best way to resolve a drug charge where a loophole may apply.

None of these “loopholes” apply to me, what can I do?

In that case you need to try and minimise the penalty as much as possible. In Queensland all people charged with drug driving will lose their licence for a period of time.

In some circumstances you can apply for a work licence to minimise the impact of the disqualification.

Getting legal advice from an experienced traffic lawyer is the best way to reduce the impact of the penalty. We have a full article on drug driving that will help explain the consequences of pleading guilty and what you can do to reduce the disqualification period.

Essential Guide to Drug Driving

Steven Brough — Mon, 16 Aug 2021 11:33:00 +0000

In the same way that you can be given a random breath test for alcohol, you can also be pulled over for a random roadside saliva test to test for the presence of any relevant drugs in your system.

If you are caught driving with the presence of a relevant drug in your system, you will be required to go to court and your licence will be disqualified. This guide seeks to give you an overview of the types of drug driving charges and the penalties the court may impose. This guide is in relation to Queensland law only. We have a full article on drug driving that will help explain the consequences of pleading guilty and what you can do to reduce the disqualification period.

What is a relevant drug?

In Queensland a relevant drug is one of 3 drugs:

Methylamphetamine – also known as speed or ice
MDMA – the active ingredient in ecstasy
THC – the active ingredient in cannabis

Types of drug driving

In Queensland we have 2 types of driving charges relating to the presence of drugs in your system, these are;

Driving with a relevant drug present
Driving under the influence of a drug

Driving with a relevant drug present

In Queensland we have a zero tolerance policy for driving with a relevant drug present in your system. This means that any trace of a relevant drug in your system will result in you being charged.

As the name of the charge suggest the police are not required to prove that there was a particular concentration of the relevant drug in your system at the time or driving, merely that the drug was present.

If the results of a drug driving test comes back positive it is irrelevant whether your driving was affected by having illicit drugs in your system. This means that for example, if you consume marijuana a couple of weeks before being tested you will still be charged with drug driving if the results are positive (marijuana can stay in your system for up to 40 days).

However, saliva tests are designed only to react to the active ingredient of a drug. Therefore the period in which drugs can be detected varies depending on quality and quantity of the drug that has been ingested, the period of time since taking the drug and the individual.

Driving under the influence of a drug

Driving under the influence of a drug is the more serious drug driving offence. This requires police to show that at the time of driving you were intoxicated by a drug and that it was measurably affecting your ability to operate the vehicle.

If a police officer suspects your ability to drive has been affected by a drug you may be required to provide a specimen of blood for analysis.

You can be charged with driving under the influence of any type of drug not just the relevant drugs listed above.

If you are charged with driving under the influence of a drug we would expect the QP9 or police report to indicate that you were showing indicia of being affected by the drug including;

The manner of driving

Your physical condition and appearance

Your behaviour and attitude

Your speech being slurred

Lapses in memory

Whilst it is common for the police to seek a blood or saliva test to determine the presence of a drug it is legal for them to charge you purely based on indicia.

What happens after you’ve been caught?

If you are caught driving with a relevant drug present in your system your licence will be immediately suspended for 24 hours. This means you are not able to drive for that period and if you do you risk being charged with driving while suspended.

If you are charged with driving under the influence of a drug your licence will be immediately suspended until your matter is finalised in court.

In certain circumstances, it is possible to apply for a special licence which will allow you to drive before your matter is finalised in court. This is called a section 79E order and is only available to people charged with drug driving who hold an open licence. You are not able to apply for a section 79E if you hold a provisional or learner’s permit or you already have a charge for drink/drug driving still before the courts.

Are you eligible for a work licence or other permit to driving during your disqualification?

You may be eligible for a work licence if you have been charged with drug driving and meet certain criteria. To find out more information about whether you are eligible we recommend you read our essential guide to obtaining a work licence:

Going to court

Generally most court matters follow this procedure;

The court will generally start at 9:00am
From just after 8:30am there will be a police prosecutor in the court room giving people their QP9 (what is a QP9 see our article here) and asking people if they are pleading guilty, not guilty or seeking an adjournment
Once the court starts your name will be called at some point
The court will then ask you if you are pleading guilty, not guilty or seeking an adjournment.
If you are seeking an adjournment then the court is quite willing to grant an adjournment on the first occasion the matter is heard in court. If you seek further adjournments the court will need to be convinced you have a valid reason.
If you are pleading guilty then the guilty plea can usually be conducted there and then. The police prosecutor will provide the court with a verbal overview of what occurred and then tender your criminal and traffic history (if you have any). You can then address the court on what occurred and the penalty to be imposed. The types of things that the court might be interested in hearing from you in regards to the penalty included.
- Why the offence occurred
- What you do for living
- How much money you make a week
- The impact a disqualification will have on your family and personal life
- The impact a disqualification will have on your employment or education
- Addressing any similar charges you have previously committed

What penalties can the court impose?

The table below sets out the disqualification ranges and maximum fine the court can impose for a first offence.

Charge

Disqualification period

Maximum fine

Driving with a relevant drug present

1 – 9 months

14 penalty units (currently $2,418)

Driving under the influence of a drug (UIL)

Minimum 6 months

28 penalty units (currently $4,836)

What can I do help reduce my penalty?

We also strongly suggest you attend some form of driving course before your court date. We recommend the Queensland Traffic Offenders Program (“QTOP”). This course can be done online or in person. All the details including how to enrol are on their website at www.qtop.com.au.

The program is designed to increase the understanding of participants of their social commitments in general and traffic laws in particular. When your matter is finalised in court a magistrate may take into account any changes of attitude exhibited by you while participating in the program.

How to get your licence back after your disqualification

It is critical to note that upon completion of your licence suspension period you cannot simply start driving again. You must attend Queensland Transport and have your licence re-issued.

If you fail to attend Queensland transport and do so, or if you are caught driving during the suspension period you will be charged with disqualified driving which carries a mandatory licence disqualification of two years.

You will be issued with a probationary licence, which you must hold for at least 1 year.

How to get in Contact with us

If you want to engage us or just need further information or no obligation advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
email steven@claritylaw.com.au
Click here to select a time for us to call you back

All You Need to Know About Section 79E Applications

Steven Brough — Mon, 07 Sep 2015 09:58:00 +0000

When a person has committed a drink driving offence over the middle alcohol limit or over the high alcohol limit (or UIL), or committed a Drive under the Influence of Drugs, then their licence is going to be immediately suspended under section 79B of the Transport Operations (Road Use Management) Act, see our article on driving under a police suspension.

This means that you are no longer able to drive until your matter has been finalised in court. This could be a few weeks, or in some cases, a few months.

During this time off the road, life must go on. While many are familiar with a work licence, that is only applicable when a person has committed a drink driving offence up to the midrange (BAC between .050 and .149%BAC), they often have to wait until their matter can be listed for a work licence date after their first appearance date. Example, in the Beenleigh Magistrates Court work licence applications are heard once a month.

There exists an option for a person who is eligible to apply for an Emergency Licence to continue to drive for a purpose under section 79E of TORUM.

What is a 79E Emergency License?

An Emergency Licence is an application that is made to the court when a person’s licence has been suspended due to the commission of a relevant traffic offence, in most cases a midrange or UIL offence.

A section 79E application can be made to allow a person to continue to drive for work or to drive for other non-work specified purposes – where not being able to drive would cause them severe and unusual hardship.

Who is eligible?

A person is eligible to apply provided:

at the time of the offence, you held a current Queensland open driver licence
at the time of the offence, you were not driving for your job
at the time of the offence you were not already driving under a work licence
at the time of the offence you did not have any outstanding drink/drug driving matters or unlicensed driving matters before the court
at the time you were not driving whilst s79B suspended
at the time you were not on a good driver behaviour period
in the last five years, you have not been convicted anywhere of a drink driving offence or failing to provide a specimen of breath or blood
in the last five years, you have not been disqualified from holding a licence or had your licence suspended or cancelled in Queensland (this does not include a SPER suspension that did not go to court

When to Apply?

There is a statutory timeframe on applying for an Emergency Licence of 21 days after their licence was suspended by police.

What information must you provide to the court?

To make an application for an Emergency Licence you must provide the court with an affidavit of yourself and, if not self-employed, an affidavit of your employer. Your affidavit will need to address your personal, work, financial and driving circumstances.

Your employer’s affidavit must also address why you need a licence for your job and an explicit statement that you will lose your job unless you are issued with an Emergency Licence.

If you are seeking to drive for non-work related reasons, your affidavit will need to contain sufficient information to show how not being able to drive will cause you and your family severe and unusual hardship.

The affidavit must be in the correct format, contain all the necessary information to satisfy the Magistrate and properly witnessed. The affidavits must also be accompanied by an application form.

If required by the court, yourself and your employer may be required to give evidence in the witness box in front of the Magistrate.

You will also need to file an application you obtain from either the Department of Transport and Main Roads or the Court registry called a Section 79E Application Form. The Court will give you a hearing date for your application, often prior to your Notice to Appear date.

The application and affidavits need to be filed with the court and then served on the local police prosecution unit well before your court date. This needs to be done at least 3 days prior to the hearing date.

One of the main reasons Emergency Licence applications are refused by Magistrates is that the affidavits are not correct or inadequate.

How does the Court decide my application?

The first thing to note with this application, you are not entering a plea of guilty to the charge at this stage. This application is to allow you to continue to drive in the interim period.

The Court needs to be satisfied of the following:

Whether you are a fit and proper person to be allowed to continue to drive;
If there is an unacceptable risk of your committing further offences if given the opportunity to continue to drive;
Whether you or your family will suffer sever financial hardship by depriving you of the means of earning of your living; and/or
Whether you or your family will suffer severe and unusual hardship other than by depriving you of the means of earning your living.

The Court will make these decision on the basis of the information provided in the affidavit material and by looking at your criminal and traffic history.

Restrictions on an Emergency Licence

The Court will restrict how the Emergency Licence may be used by you, for example the court may;

restrict the times when you may drive
restrict the purposes for which you may be able to drive
restrict the class of vehicle you may drive;
require you to complete a logbook
require you to wear a work uniform
restrict who you may carrying as a passenger in the vehicle

What can I do to improve my chances of getting a Emergency Licence?

You need to have a properly drafted affidavit that covers everything the court needs to know. This is the best way to get an Emergency Licence.

In addition the court will often take into account any character references you have obtained.

You should also complete a driving course such at Queensland Traffic Offenders Program (“QTOP”). This course is often the factor that sways a Magistrate into granting the application. We are proud to be a sponsor of QTOP.

Will my Disqualification start from this date?

No. A disqualification will only commence from the time and date you plea guilty.

Do I have to apply for a work licence if I apply for an Emergency Licence?

No. There is no requirement for you to intend to apply for a work licence if you are issued an Emergency Licence. It might be the case that you are not eligible to apply for a work licence, such as a UIL offence or you may be able to make something work once you have been disqualified e.g you cannot afford to be off the road today but you could make it work in a month or two.

Can I vary the work licence after it is granted?

Yes if your circumstances change you can apply to the court to vary your current order.

What happens if I’m caught driving outside the terms of the work licence?

You will lose your work licence for whatever time is left on it and in addition you will be disqualified for a minimum of 3 months up to 9 months.

Should I get a lawyer to represent me?

In a word, yes. Although you are free to represent yourself we have found that unrepresented people generally are less likely to be granted the application because their paperwork is defective or does not adequately cover all the requirements of the Act and Regulation. Remember you get one shot at this, you cannot reapply if you are refused.

Common problems we have seen with unrepresented applications include;

failing to have the Court grant the licence for all hours you work
failing to have the Court grant the licence for all days you work
failing to take into account the time you have to leave for work in the morning or return after work
failing to have the additional necessary non-work related conditions granted
failing to have the licence issued for all the vehicle types you need to drive
failing to have the order allow you to carry passengers
not providing the correct information to the court

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a traffic charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of traffic law. We believe that every client deserves a clear understanding of their rights and the legal process they’re navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you’re informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.