By the time an individual legally can consume alcohol in Australia at age 18, they should be aware of the consequences related to drinking and driving. Consequences of driving under the influence can include demerit points, licence suspension, monetary fines, and imprisonment. Outside of alcohol-related drug driving charges, an individual may also face consequences for driving with other drugs in their system. Queensland has a “zero tolerance policy” for drug driving and this blog aims to answer the most common questions affiliated with this.

What is Drug Driving?

Drug driving is essentially the same as driving under the influence. However, the main difference is that drink driving refers to alcohol, while drug driving refers to any illegal drug. Hence, drug driving means operating a motorised vehicle while under the influence of an illegal drug. Examples of illegal drugs include THC (the active component in cannabis), MDMA (also known as ecstasy), hallucinogenics such as LSD and psilocybin (also known as magic mushrooms or shrooms), and cocaine. Driving under the influence of these drugs or any other illegal drug is covered by Queensland’s “Zero Tolerance Policy.”

What is Queensland’s “Zero Tolerance Policy?”

This policy is very straightforward: there is ZERO tolerance for operating any mode of transportation, especially a vehicle, under the influence of ANY illegal drugs. If you are found to be drug driving, this policy outlines that there will be severe consequences as laid out by Section 79 of the Transport Operations (Road Use Management) Act 1995.

How Is Drug Driving Tested?

If you are pulled over by Qld police and the officer suspects you of drug driving, they may conduct a roadside drug test through saliva analysis. Saliva analysis can detect:

• Cocaine
• MDMA
• Methylamphetamine
• THC

These 4 drugs are considered to be relevant drugs under legislation and are included in Queensland’s zero tolerance policy for drug driving. If you test positive for one of these drugs, a second test will be performed to corroborate the results of the first test. If a saliva test is unable to be performed, a blood test may be required instead. The results of the drug test can be determined based on one or more of the following factors:

• Time lapsed since drug consumption
• Frequency of drug use
• Drug type consumed
• Quantity and quality of the drug consumed

The best case scenario is that your blood test comes back negative for traces of any of the relevant drugs and the police officer lets you go without any consequences.

My Drug Driving Test Came Back Positive. What Now?

The consequences of drug driving can vary based on a variety of factors such as if this is your first offence or not. Drug driving consequences are as follows:

Driving With A Relevant Drug Present

Driving with any detectable amount of a relevant drug is strictly prohibited, and there is a zero-tolerance policy in place. Detection is carried out through saliva analysis. If you test positive for drugs, your driver’s licence will be suspended for 24 hours.

If you are charged with driving under the influence of a relevant drug, and if there are no pending drug driving charges, your licence will remain valid until the court resolves the charge, withdraws it, or discontinues it. However, if there are pending drug driving charges, your licence will be suspended immediately until your court date.

Penalties for driving with a relevant drug present include:

• Potential disqualification from driving for up to 9 months;
• A fine of up to $2,167
• And a maximum imprisonment term of 3 months, as determined by a magistrate.

Driving Under The Influence of Liquor or Drug

If a police officer reasonably suspects impairment of your driving ability due to drugs, you may be required to provide a blood specimen for analysis. Failure to provide a specimen or detection of a drug in your blood results in a charge of driving under the influence of liquor or a drug.

Upon being charged with driving under the influence, your driver’s licence is immediately suspended until the charge is resolved in court, withdrawn, or otherwise discontinued.

Penalties for this offence include:

• potential disqualification from driving for up to 6 months;
• a fine of up to $4,334
• And a maximum imprisonment term of 9 months, as determined by a magistrate.

For a repeat drug driving offence within the last 5 years, penalties may include disqualification from driving for up to 2 years, a fine of up to $9,288, and a court-determined imprisonment term.

Failure to provide a saliva specimen for testing may result in a fine of up to $6,192 or a maximum imprisonment term of 6 months. The same penalties as driving under the influence of drugs may apply in this case.

Can Guest Lawyers Help Me with Drug Driving Charges?

If you have been charged with drug driving, we invite you to get in touch with us at Guest Lawyers. Our lawyers can assist with a variety of drug driving charges and offer free initial consultations. Additionally, our lawyers can answer any questions you may have regarding the “Zero Tolerance Policy” and drug driving. You can find a full list of services provided by Guest Lawyers here. Offering 24-hour services, our lawyers are available via phone at (07) 3211 3007 or by email at info@guestlawyers.com.au. Guest Lawyers also offers in-person consultations. Please get in touch with us today.