In Queensland, there are two types of drug driving offences
Understanding Drug Driving
Fallu McMillan Law Director Michael Kelly
One offence is that of driving under the influence of a drug. In that situation, the police need to establish that you have more than a prescribed concentration of a drug in your system.
They must also prove that the drug is affecting your ability to operate the vehicle. Quite often, police identify a potential drug driver because of his or her erratic driving style or following an accident.
The maximum punishment for this offence is nine months imprisonment or 28 penalty units.
If you commit a second offence within five years, the maximum penalty increases to 18 months imprisonment or 60 penalty units.
The person convicted must have their license disqualified. That disqualification is a minimum of six months for a first offence and one year for a second offence in five years.
This offence of drug driving considers the nature of the driving and the impact of the drug upon the operation of the vehicle.
The other offence is that of driving while a drug is present. Police can now test a person’s saliva and identify dangerous drugs in the driver’s system.
Cannabis and amphetamine can be identified in the system of a driver at the roadside by the swab test, which can then be taken away for further analysis.
The concentration of the drug will not be determined, and it may be the case that the drug is not affecting you as a driver or otherwise. It could be the case that the drug entered the driver’s system some significant period before driving.
That is not relevant for this offence. You are simply determined to be guilty if it is found in your system through the testing.
The penalties that can be imposed by the court reflect the difference.
If you are convicted of this offence the maximum penalty is three months imprisonment, and for a first offence a minimum licence disqualification of one month. The minimum disqualification increases to three months for a second offence in five years and an automatic six-month disqualification for a third offence.
Upon considering the disqualification and any other penalty imposed, the court will consider several factors. These need to be properly conveyed to the court so that you get the best result under the circumstances.
The outcome of a driving related offence can have a lasting impact on your life. Our Ipswich based lawyers have a strong background in criminal law and will work tirelessly to ensure that you receive the representation you deserve and the right advice at all times.
