Drug driving is a serious offence and if you have been charged you need the advice of an experienced drug driving lawyer.
There is zero tolerance for the presence of drugs in your saliva or blood while driving a motor vehicle. Proving whether you are able to drive safely or not while drugs are present has no bearing on a drug driving charge.
Drugs can be detected long after you use them and although you may not feel that you are adversely affected, it is considered that you cannot drive a motor vehicle safely, or that you are driving less safely, no matter what level of the following relevant drugs are in your system:
- Cannabis (THC)
- Ecstasy (MDMA)
- Methamphetamine (speed, ice, crystal meth)
- Cocaine
- Heroin; and
- prescription or over the counter drugs (that cause driving to be adversely affected or impaired).
Roadside Drug Testing
Police have the power to perform random roadside drug testing, like stopping you for a random breath test for alcohol. A roadside drug test involves an officer asking a driver to provide a saliva sample which is then analysed while the driver waits a few minutes.
If a driver returns a positive result from the saliva test, i.e. an illicit substance is detected, the police officer will ask the driver to take a second test and if that is also positive, it is sent to a laboratory for confirmation. The results that come back from the lab are what are used as the grounds for the drug driving charge.
The time period in which an illicit substance remains in your system varies depending on the type of drug, amount used and frequency of drug use.
Under the Influence or Impairment of a Drug
Where the driver is more noticeably affected by drugs and is not able to control a vehicle properly, the driver may be required to give a blood sample or urine sample. Police will perform an assessment of physical factors such as balance, coordination and general behaviour. If the driver is impaired or driving under the influence of drugs the charge is usually more serious than if a prescribed drug has simply been detected, and maximum penalties can apply.
Refusal To Give A Sample
It is also an offence to refuse to provide police with a sample of blood, saliva or urine when requested to do so. You can still be charged with drug driving even if you refuse to give a sample and the penalties for refusal offences are often harsher.
You Need The Advice of an Experienced Drug Driving Lawyer
If you have been charged with a drug driving offence, to have the best opportunity to avoid conviction and possible imprisonment you should seek professional legal advice from an experienced criminal lawyer as soon as possible. Some of your options will have time limits. An experienced drug-driving lawyer will provide you with expert advice and the best course of action to achieve the desired outcome.
Drug Driving Laws By State
Drug driving laws are different between the states and the process and options available differ depending on where the offence took place.
There are two different drug driving charges in QLD:
Driving while a relevant drug is present – the drug is present in the blood or saliva routinely detected by roadside drug testing. Upon conviction, your licence will be disqualified for a period of 1-9 months and you will also likely be fined up to $1,929 or a term of imprisonment up to 3 months could be imposed.
Driving under the influence of a drug is a more serious charge as the offender is usually more noticeably affected by drugs in the circumstances. Effectively this is the same offence as high range drink driving therefore increased disqualification periods and fines and the possibility of imprisonment apply.
| Offence | Licence disqualification | Maximum fine amount | Maximum term of imprisonment |
|---|
| First Offence |
Minimum of 6 months |
$3,859 |
9 months |
| Subsequent Offence |
up to 2 years |
$8,271 |
determined by the court |
You may be eligible to apply for a work licence in Queensland.
Similar to Queensland there are two different drug driving charges. The minimum licence disqualification periods can only be obtained through a special court order.
Driving with an illicit drug present in oral fluid, blood or urine
| Offence | Licence disqualification | Automatic disqualification period | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence* |
3-6 months |
6 months |
$2,200 |
N/A |
| Second or subsequent offence |
6 months - unlimited |
12 months |
$3,300 |
N/A |
|
*may be issued with a penalty notice - in this instance the fine is $572 and a 3 month licence suspension if dealt with through the penalty notice
|
Driving under the influence of a drug
| Offence | Licence disqualification | Automatic disqualification period | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
12 months - unlimited |
3 years |
$3,300 |
18 months |
| Second or subsequent offence |
2 years - unlimited |
5 years |
$5,500 |
2 years |
If convicted, an automatic driver licence suspension applies as well as mandatory fines. Work licences are not available in NSW. Imprisonment is also a possibility in more serious cases. You may be eligible to submit a Section 10 requesting the court to not record a criminal conviction on a guilty plea. An experienced traffic lawyer will be able to assist with this.
The drug driving offences that can be charged in Victoria are again penalised in two main categories similar to the other states. If convicted, you will also be required to undertake a drug driver education program.
Exceeding Prescribed Concentration of Drugs – the oral fluid sample of the driver contains an illicit substance.
| Offence | Licence disqualification | Fine amount | Possible imprisonment | Potential conviction recorded |
|---|
| First offence - Traffic Infringement Notice |
6 months suspension |
$495 |
N |
N |
| First offence - required to attend court |
minimum 6 months cancellation |
$1,982 |
N |
Y |
| Second drug-driving offence |
minimum 12 months cancellation |
$9,913 |
N |
Y |
| More than two drug-driving offences |
minimum 12 months cancellation |
$19,826 |
N |
Y |
Driving while impaired by drugs – determined by an impairment assessment and a blood sample and a certificate of drug effect is provided by an approved expert.
| Offence | Licence disqualification | Fine amount | Possible imprisonment | Potential conviction recorded |
|---|
| First drug-driving offence |
minimum 12 months cancellation |
$1,982 |
N |
Y |
| Second drug-driving offence |
minimum 2 years cancellation |
$19,826 |
Y |
Y |
| More than two drug-driving offences |
minimum 2 years cancellation |
$29,739 |
Y |
Y |
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
If you are charged with a drug driving offence in South Australia, mandatory licence disqualification periods apply. If you are issued with an expiration notice and you pay the fine you will be unable to appeal against the disqualification period, please seek legal advice if you need clarification and to avoid the maximum penalty as penalties in South Australia are severe.
| Driving with prescribed drug in oral fluid or blood |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | Demerit points |
|---|
| First offence* |
6 months - unlimited |
$1,300 |
N/A |
4 |
| Second |
12 months - unlimited |
$1,600 |
N/A |
4 |
| Third or subsequent offence |
2 years - unlimited |
$2,200 |
N/A |
4 |
|
*may be issued with a expiation notice - in this instance the fine is $743, 3 months licence disqualification and 4 demerit points if dealt with through the penalty notice
|
| Driving under the influence of a drug |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | Demerit points |
|---|
| First offence |
12 months - unlimited |
$1,600 |
3 months |
6 |
| Second or subsequent offence |
3 years - unlimited |
$2,900 |
6 months |
6 |
In South Australia, penalties for drug driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drug driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
If you are convicted of a drug driving charge in Western Australia there can be hefty fines and long periods of licence suspension, there is also the option of imprisonment as an alternative to a heavy fine in more serious cases. As with the other states drug diving offences in Western Australia are divided into the two main categories.
| Driving with prescribed illicit drug in oral fluid or blood |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Imprisonment* | Demerit points |
|---|
| First offence |
N/A |
$500 |
N/A |
3 |
| Second or subsequent offence |
6 months - unlimited |
$1,000 |
N/A |
N/A |
| Driving under the influence of a drug |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Imprisonment* | Demerit points |
|---|
| First offence |
10 months - unlimited |
$2,500 |
N/A |
N/A |
| Second |
30 months - unlimited |
$3,500 |
9 months |
N/A |
| Third or subsequent offence |
Life |
$5,000 |
18 months |
N/A |
| *can be substituted for the fine |
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence. There may be a defence available to you in some circumstances.
Penalties for drug driving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. Tasmania has some of the heaviest drug driving fines in the country. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion.
|
Driving with prescribed illicit drug in blood
|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
3 - 12 months |
$1,680 |
3 months |
| Second or subsequent offence |
6 months - 2 years |
$3,360 |
6 months |
| Driving under the influence of a drug |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
1 - 3 years |
$5,040 |
1 year |
| Second or subsequent offence |
2 - 6 years |
$10,080 |
2 years |
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drug driving offence, the suspension is automatically 90 days for ACT drivers. A conviction will be recorded when charged with a drug driving offence along with a fine and disqualification of your licence for a nominated period. More serious or subsequent offences attract the possibility of a period of imprisonment.
|
Prescribed drug in oral fluid or blood - driver or driver trainer
|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
6 months - 3 years |
$1,600 |
N/A |
| Second or subsequent offence |
12 months - 5 years |
$4,000 |
3 months |
| Driving under the influence of a drug |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
6 months - 3 years |
$4,800 |
6 months |
| Second or subsequent offence |
12 months - 5 years |
$4,800 |
12 months |
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence so you can keep driving during specific hours or for specific purposes.
In the Northern Territory when you lose your licence on a drug driving related charge it is not possible to apply for a work or restricted licence. Drug driving offences are of two main categories similar to those in the states.
| Driving with certain drugs in body |
|---|
| Offence | Licence disqualification | Maximum Fine amount* | Maximum imprisonment |
|---|
| First offence |
N/A |
$785 |
3 months |
| Second |
3 months |
$1,178 |
6 months |
| Third or subsequent offence |
6 months |
$1,178 |
6 months |
| Driving under the influence of a drug |
|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|
| First offence |
6 months - unlimited |
$1,570 |
1 year |
| Second or subsequent offence |
12 months - unlimited |
$3,140 |
1 year |
| *an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded |
Contact An Experienced Criminal Lawyer
Drug driving is a serious charge, and can carry with it some severe consequences and go on your criminal record. You may be able to avoid the maximum penalty, reduce the disqualification period or may be successful in reducing the amount of the fine with the assistance of a drug-driving lawyer.
If you have been charged with this offence, it is recommended that you seek legal advice immediately from an experienced traffic charge lawyer.
David Cole is a criminal law barrister based on the Gold Coast, however, he represents clients throughout Australia.
To discuss your charge and the best possible outcome moving forward, contact David today.
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David.
Use the contact form or call now on 0407 322 955. (Available 24/7)
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