In Queensland, there are two different charges relating to driving with drugs in your system. These are:
- Driving with a relevant drug present in your saliva; and
- Driving under the influence of a drug.
Driving with a relevant drug present is the offence that comes typically after a roadside saliva test. The saliva test will generally detect:
- Cannabis;
- Methylamphetamine (ice); and
- MDMA (ecstasy).
The police do not have to prove that you were affected by the drug, just that it was present in your saliva at the time you were driving or in control of the vehicle.
Driving with a relevant drug present in your saliva comes with a licence disqualification period of at least 1 month, although this can be higher depending on a number of factors that the court takes into account including the facts surrounding the charge, your background and your traffic history. Eligible persons can apply for a work licence, if they are charged with this offence, allowing them to drive for their employment only during their disqualification period.
The maximum penalty for this offence is 3 months imprisonment or a fine of over $1,900.
Driving under the influence of a drug, is a more serious offence than driving with a relevant drug present in your saliva.
With this offence, the police will generally allege that not only was the drug in your system, but that you appeared “under the influence” by the drug, or adversely affected. This is typically alleged following police observations of your behaviour and mannerisms (i.e. glassy eyes, dazed appearance, slurred speech, erratic movements), or through a sample of blood taken at a hospital.
Driving under the influence of a drug doesn’t only apply to illegal drugs found in your system, it also applies to legal prescription drugs that the police say are affecting your behaviour and ability to drive. A random saliva test will not pick up prescription drugs, but the police can request a sample of your blood being taken if they suspect the drugs are affecting you.
This more serious charge comes with a licence disqualification period of at least 6 months, although it can be more. It also prevents you from applying for a work licence. The maximum penalty for this charge is 9 months imprisonment, or a fine of over $3,800.
We understand the freedoms that attach to your licence. If you have been charged with a drink driving or drug driving offence, it is important that you speak with an experienced criminal and traffic lawyer who will be able to guide you through the process and work with you to obtain the best result possible in your circumstances.
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For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].