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Drug driving in Queensland — and how to
Most drug driving charges in Queensland are for having a relevant drug present — detected by a roadside saliva test, no impairment required. For that charge, a work licence may let you keep driving. Here’s the honest picture, and exactly what we’ll do about it.
Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 7 July 2026
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The honest picture
What a drug driving charge in Queensland actually means
Queensland has two very different drug driving offences under section 79 of the transport legislation, and which one you're facing changes everything — including whether you can keep driving for work. Six things are worth knowing before your court date:
1
"Relevant drug present" needs no impairment at all
The common charge is simply having a relevant drug in your saliva or blood. The prosecution doesn’t have to prove you were affected — just that the drug was detected. It’s the roadside saliva test that catches most people.
2
Only three drugs are tested at the roadside
The saliva test detects THC (cannabis), methylamphetamine (speed/ice) and MDMA (ecstasy). Cannabis can show up hours — sometimes days — after use, long after any effect has worn off. You can be charged stone-cold sober.
3
A work licence IS available — for the lower charge
Unlike high range drink driving, a relevant-drug-present charge can qualify for a restricted (work) licence — if you’re eligible and you apply before you’re sentenced. Miss that window and it’s gone. Check yourself below.
4
First offence: 1 to 9 months off the road
For a first relevant-drug-present offence the disqualification runs from a 1-month minimum up to 9 months, plus a fine. Where yours lands — and whether a conviction is recorded — is argued at court, not fixed.
5
DUI of a drug is a different, far more serious charge
If police allege you were actually impaired by a drug (DUI), the minimum disqualification jumps to 6 months with no upper limit, imprisonment is on the table, and no work licence is available. Which charge you face matters enormously.
6
It's dealt with in open court — and you must attend
Drug driving can’t be handled online or by post. You appear before a magistrate in person, and the facts are read aloud in open court. What’s said next — your story, your preparation — is up to whoever speaks for you.
Penalties at a glance — first offence
Driving with a relevant drug present
1–9 months disqualification
1 month minimum · fine up to 14 penalty units · work licence may be available · no impairment needed to be charged.
Driving under the influence (DUI) of a drug
6 months min — no upper limit
Up to 9 months imprisonment · ine up to 28 penalty units · no work licence available · impairment must be proven
Second or later offences carry longer disqualifications and, for DUI, a real prospect of imprisonment. Whichever charge you face, the first phone call is free.
Check in 30 seconds
Can you get a work licence for drug driving?
A work (restricted) licence lets you keep driving for your job through the disqualification. It’s only available for the lower charge — and it must be applied for before you’re sentenced. Pick your situation and see roughly where you stand.
Timing is everything.
Once you plead guilty and are sentenced, the work licence door closes. It’s the single most common thing people lose by turning up unrepresented.
General guidance only, not legal advice. Confirm your answer with a lawyer on 1300 952 255, free.
1. Which charge are you facing?
1. Do you hold an open QLD licence (not learner or provisional plates)?
2. In the last 5 years, have you been convicted of any drink or drug driving offence?
3. Were you driving as part of your job (e.g. a truck or company vehicle) at the time of the offence?
4. Would losing your licence cost you your job or income, or cause your family severe hardship?
A work licence isn’t available for driving under the influence (DUI) of a drug — the same as high range drink driving. But the length of your disqualification is still very much worth fighting for. Call 1300 952 255 and we’ll tell you the realistic range.
What we actually do
How we get you the best result
Whether it’s the shortest disqualification, a work licence, or no conviction recorded — everything below is aimed at the best outcome your case allows.
We check exactly which charge you face
Relevant drug present or DUI? The difference decides whether a work licence is even possible. We read the charge documents before you plead to anything.
01
We get the brief from the prosecutor
We obtain the QP9 and the drug analysis certificate, and check how the sample was taken and whether the paperwork stacks up. If something’s wrong, we find it here.
02
We apply for your work licence in time
If you’re eligible, we prepare and file the restricted licence application before you’re sentenced — the window that people acting alone so often miss.
Before sentence
03
You do the smart things early
A QTOP course — it runs over 4 days, and we’re a proud sponsor — plus character references and, where relevant, drug counselling. We tell you exactly what to get, and when.
04
We tailor every word to your result
What we say to the magistrate is built around you — your charge, your history, your need to drive — and aimed squarely at the best realistic outcome: the shortest disqualification, the work licence, and the conviction question argued.
05
Your lawyer speaks for you, and you leave with a plan
You won’t have to find the words yourself. Your lawyer puts your story to the magistrate, and you leave with your licence dates and next steps in writing.
06
Guilty plea $2,750 · work licence application $2,990 — quoted in writing before you commit.
Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts
Steven's approach
Drug driving is decided by preparation — and timing.
Steven founded the firm in 2010 and has spent 25+ years in Queensland Magistrates Courts. The approach he built runs through every drug driving matter our lawyers take on — because for the common charge, a work licence is on the table, and the window to apply is short.
His method is simple: work out exactly which charge you face, apply for the work licence before you're sentenced if you're eligible, do the things magistrates give credit for — a QTOP course (we're a proud sponsor), references, counselling where relevant — then have your lawyer put your story properly, in person, to a magistrate they appear before every week.
And before you spend a cent, we'll tell you the realistic range for your charge — when a work licence is genuinely achievable, and when the honest answer is that it isn't. If we don't think we can improve your outcome, we'll say so on that first call.
QTOP sponsor
5,000+ matters run
$2,750 fixed fee
2 minutes — work licences and what happens at court, straight from Steven
Diving deeper
Want the full picture on drug driving?
Steven has written a complete guide to drug driving in Queensland — the charges, the penalties, the myths, and how a work licence works. Here’s the short version.
The two charges
Relevant drug present (detection only) versus DUI of a drug (impairment). One can qualify for a work licence; the other can’t.
What decides your penalty
Your charge, your traffic history, whether it’s a repeat offence — and what your lawyer tells the court. The relevant-drug-present minimum is 1 month; DUI starts at 6 with no cap.
How to reduce it: QTOP
Completing the Queensland Traffic Offenders Program before court is one of the most powerful things you can do — we’re a proud sponsor. Add references and counselling where relevant.
Facts & myths
You don’t have to be impaired to be charged. Cannabis can be detected days later. A work licence must be applied for before sentence. You can’t plead guilty online.
The two charges, and the law
There are two separate offences.Driving with a relevant drug present (section 79(2AA)) needs only that an active drug — cannabis (THC), methylamphetamine, MDMA or cocaine — was detected in your saliva or blood; no impairment is required. Driving under the influence of a drug (DUI, section 79(1)) is the more serious impairment charge. The one you face changes everything, including whether a work licence is possible.
What decides your penalty
For a relevant-drug-present charge the minimum disqualification is 1 month; for DUI of a drug it is 6 months with no upper limit. The court weighs your charge, your traffic history, whether it is a repeat offence, and how the matter is presented. There are no demerit points — the penalty is a court-ordered disqualification and a fine, with imprisonment available for repeat or serious matters.
The work licence path
A restricted (work) licence can be available for a relevant-drug-present charge — but not for DUI of a drug. It must be applied for before you are sentenced, and you must meet the eligibility rules (no disqualification or relevant conviction in the last 5 years, and a genuine need to drive for work). Missing the application window means losing the chance entirely, so getting advice early matters.
Reducing the sentence & myths
Completing the QTOP course before court (it runs over 4 days — we’re a proud sponsor), plus character references and counselling where relevant, is what magistrates give credit for. And the myths: you don’t need to be impaired to be charged with relevant-drug-present; cannabis can be detected days after use, long after any effect; and drug driving can’t be finalised online.
General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.
Courts we attend
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From Southport to Hervey Bay and everywhere in between, we appear in these Magistrates Courts every week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the day.
Belinda Smyth · Director & Client Services Manager · 24 years in the legal industry — she and Sara take your calls
How we operate
What happens when you contact us
No scripts. No sales pitch. No chasing or hounding. At worst, you hang up knowing more about your charge than when you called.
01
Belinda or Sara takes your call
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02
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With extra information relevant to your charge — so you understand your matter whether you engage us or not. If you engage us the money stays in our trust account until you authorise it.
03
You decide, on your own time
Sleep on it. Compare it. If you’d rather another firm, that’s fine — no pressure.
04
Engaged? An experienced lawyer takes it from there
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Questions at 2am?
Ask our assistant about drug driving in Beaudesert — any time.
Instant answers on work licences, penalties, court process and the two charges — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.
The sooner you call, the more we can do.
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Frequently asked questions
Asked at 2am, answered here
These are the questions clients ask us most in the first phone call. Anything else — the call is free: 1300 952 255.
Can I get a work licence for drug driving in Queensland?
For the lower charge — driving with a relevant drug present — yes, if you held an open licence, have no drink or drug driving conviction in the last 5 years, weren’t driving for work at the time, and losing your licence would cause extreme hardship. It must be applied for before you’re sentenced. It’s not available for DUI of a drug.
How long will a positive roadside drug test stay in my system?
The roadside saliva test detects THC (cannabis), methylamphetamine (speed/ice) and MDMA (ecstasy). Cannabis in particular can be detected for hours or even days after use, long after any impairment has worn off — which is why you can be charged with a relevant drug present without being affected at all.
What's the difference between 'relevant drug present' and DUI of a drug?
Driving with a relevant drug present only requires the drug to be detected — no impairment needed — and carries a 1 to 9 month disqualification with a work licence potentially available. Driving under the influence (DUI) of a drug requires proof of impairment, is far more serious, carries a minimum 6 month disqualification with no upper limit, and no work licence is available. Which one you face changes everything.
Will I lose my licence for drug driving?
Yes — a disqualification is mandatory. For a first relevant-drug-present offence it runs from 1 to 9 months, with 1 month the minimum; a work licence may let you keep driving for work through it. DUI of a drug carries a minimum of 6 months with no upper limit.
Will drug driving give me a criminal record in Queensland?
It’s a traffic offence, and in many cases the court can be persuaded not to record a conviction — which matters for jobs and travel. We’ll tell you honestly whether that’s realistic in your case.
I wasn't even impaired — how can I be charged with drug driving?
For the relevant-drug-present charge, the prosecution doesn’t have to prove impairment — only that the drug was detected. Cannabis in particular can be picked up hours or days after use, so you can be charged completely sober. It’s frustrating, but it’s how the offence is written.
Is it worth getting a lawyer if I'm pleading guilty to drug driving?
This is where a lawyer helps most. The plea may be a given — but the work licence, the disqualification length, the fine, and whether a conviction is recorded are not. Those are decided in the few minutes before the magistrate.
How much does a drug driving lawyer cost?
$2,750 fixed for a drug driving guilty plea, or $2,990 including a work licence application — preparation, submissions, prosecutor liaison and court appearance included. Quoted in writing before you commit.
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