Drug Driving Lawyer in Brisbane: Charges, Penalties and Next Steps

If you have been charged with drug driving in Brisbane, a criminal defence lawyer can review how police tested you, check whether the charge can be sustained, and argue for the lowest available penalty, including a work licence where the law allows one. In Queensland the offence can be made out by a positive saliva or blood result alone, so the quality of the testing process, the correct charge and your preparation for court often decide the outcome.

This guide explains what drug driving means in Queensland, what happens after a positive test, the penalties and licence consequences, how the position differs in other states, and what to do before your court date.

TL;DR

• In Queensland it is an offence to drive with any amount of a relevant drug (THC, MDMA, cocaine or methylamphetamine) in your saliva or blood. Police do not have to prove you were impaired.
• A positive roadside test suspends your licence for 24 hours. A second sample is then taken and, if positive, sent for laboratory analysis before a charge is laid.
• A conviction for a first relevant-drug-present offence carries a fine or imprisonment and a disqualification of at least one month. Driving under the influence of a drug is treated more seriously.
• A work licence may be available for some drug driving convictions, but not for driving under the influence of a drug.
• Speak to a lawyer before your first court appearance. We offer a free initial consultation and case review.

Table of Contents

• What counts as drug driving in Queensland
• How police test for drugs
• Penalties and licence consequences in Queensland
• How the penalties compare in other states
• Common questions we are asked about the charge
• What a drug driving lawyer actually does
• What to do before your court date
• What does a drug driving lawyer cost?
• Our perspective on drug driving charges
• Speak to a Brisbane drug driving lawyer
• FAQ
• Sources

What counts as drug driving in Queensland

Queensland has two distinct drug driving offences, and the difference matters to how a case is defended.

1. Driving with a relevant drug present. It is an offence to have any amount of certain relevant drugs in your saliva or blood while driving or in charge of a motor vehicle. The relevant drugs are THC (cannabis), MDMA (ecstasy), cocaine and methylamphetamine (ice), and the Queensland Government describes this as zero tolerance.
2. Driving under the influence of a drug. This applies where police suspect impairment. A blood specimen may be required, and failing to provide one, or having a drug detected in the blood, can lead to a charge of driving under the influence of liquor or a drug, according to the Queensland Government.

For the first offence, the prosecution does not need to show that the drug made you drive less safely. Legal Aid Queensland states that a saliva or blood test showing a relevant drug is enough, even where it came from a prescription or over-the-counter medicine.

This is why many people are surprised by a charge. A person can feel completely sober, may have used a substance days earlier, and can still return a positive result. The law is directed at presence, not at how you were driving.

How police test for drugs

Police can use random roadside saliva tests at random breath testing sites or at targeted drug testing sites. They can also require a saliva test where they suspect you are driving under the influence of drugs, as set out on the Queensland Government drugs and driving page. Queensland Police guidance says the roadside test detects methamphetamine, MDMA, THC and cocaine.

If you test positive:

• Your licence is suspended for 24 hours.
• You are required to provide a second saliva sample.
• If the second sample is also positive, the samples are analysed further at a laboratory.
• Where officers suspect impairment, they can require a blood specimen.

After a charge, whether your licence remains valid depends on whether you have pending drug driving charges, so you should confirm your position in writing with your lawyer rather than assume you can keep driving.

Penalties and licence consequences in Queensland

For a first conviction of driving while a relevant drug is present, the Queensland Law Handbook states that the penalties match those for driving over the general alcohol limit: a fine of 14 penalty units or three months imprisonment, plus disqualification for at least one month under section 86(2)(f) of the Transport Operations (Road Use Management) Act 1995 (Qld). The dollar value of a penalty unit is indexed, so the figure changes over time.

The court must disqualify a person convicted of a drug driving offence. Legal Aid Queensland explains that this includes failing to provide a saliva or blood specimen, that the licence is cancelled straight away, and that keeping a cancelled licence is itself an offence.

In practice, three factors shape the sentence:

• The charge. A relevant-drug-present charge is generally treated less seriously than driving under the influence of a drug.
• Your history. Prior traffic or drug-related convictions affect both the penalty and the disqualification period.
• The circumstances. The reading, how you were driving, whether a crash occurred and whether you cooperated all matter.

Work licences

A conviction can cost you your job if you drive for work. Legal Aid Queensland advises that you lose your licence when you plead guilty to any drug driving charge, but you may be able to apply to the court for a work licence. That option does not extend to driving under the influence of a drug, and there is no special licence for non-work needs such as school runs or medical trips.

A work licence application needs preparation: evidence of your employment, why driving is essential to it, and a clear plan for the conditions. This is one of the most practical areas where early legal advice changes the result.

How the penalties compare in other states

If you were stopped outside Queensland, or you are a visitor charged here, the rules differ. The table below gives first-offence figures drawn from government and legal information sources. Always confirm the current figure with the relevant authority, as penalties are indexed and amended.

In Victoria, police can also immediately suspend a licence when they charge certain drink or drug driving offences, and the suspension lasts until the court decides the charges. In New South Wales, driving under the influence of alcohol or a drug carries a minimum 12-month disqualification and up to 18 months imprisonment for a first offence, per the same NSW Government page.

Common questions we are asked about the charge

Can a prescription medication lead to a charge?

Yes, if it contains a relevant drug. Legal Aid Queensland confirms that a positive result can come from a prescription or over-the-counter drug. Medicinal cannabis containing THC raises its own issues, and the position differs by state. Bring your prescription, the prescriber’s details and the date of your last dose to your first meeting.

Does the drug need to affect my driving?

Not for the relevant-drug-present offence. Impairment is an element of the under-the-influence charge, which is a different and more serious allegation.

Is refusing to provide a sample a way out?

No. Failing to provide a saliva or blood specimen is itself an offence that carries mandatory disqualification, as Legal Aid Queensland explains in its drugs and driving guidance. Cooperate with the testing process and raise any concerns through your lawyer afterwards.

What a drug driving lawyer actually does

A lawyer does not simply attend court and ask for leniency. In a drug driving matter the work usually follows this order:

1. Review the brief of evidence. This includes the roadside test record, the second sample, the laboratory certificate and the officer’s notes.
2. Check the process. We examine whether the stop, the testing and the handling of samples followed the required steps, and whether the correct charge was laid.
3. Assess the options honestly. That may be a plea of guilty with strong mitigation, negotiation about the charge, or a contested hearing where there is a real issue with the evidence.
4. Prepare mitigation. References, employment records, treatment or counselling steps and your driving history are assembled for the sentencing magistrate.
5. Apply for a work licence where the law permits it and your circumstances support it.
6. Appear for you. You are represented in the Brisbane Magistrates Court or the court nearest to where you were charged.

The aim is a realistic outcome. Some matters can be defended on the evidence. Others are best resolved by minimising the disqualification and protecting your ability to work. Knowing which is which is the core of an honest assessment.

What to do before your court date

The weeks between charge and first appearance are the most useful time you will have. Practical steps:

• Keep every document. Your notice to appear, any test paperwork, and any receipt for the licence suspension.
• Do not drive if your licence is suspended or cancelled. Driving while disqualified creates a second and more serious problem.
• Be careful what you say. Do not discuss the facts with police or on social media. Our article on whether you should take part in a police interview explains your rights, and a related piece covers what a police interview in Queensland means.
• Gather work evidence. A letter from your employer describing your duties and your need to drive supports a work licence application.
• Collect medical information. If a prescription may explain the result, obtain the prescription record and a letter from your doctor.
• Arrange references. Character references from employers, community members or family, written with knowledge of the charge, carry more weight than generic letters.
• Book legal advice early. Early advice leaves time to request the evidence and shape your plea.

If the charge sits alongside other allegations, such as possession of drugs found in the vehicle, the stakes rise. Our guide on whether you will go to jail sets out how courts approach custodial sentences, and our piece on charges being withdrawn or dismissed explains when that outcome is possible.

What does a drug driving lawyer cost?

Fees depend on the complexity of the matter: whether you plan to plead guilty or contest the charge, how many appearances are needed and whether additional applications such as a work licence are involved. We work on a fixed fee basis, so you know the cost of the defence work before you commit. Our article on how law firms charge legal fees explains fixed fees, trust accounts and billing in plain terms. We do not publish a set price for drug driving matters, because it is quoted after we review your charge, and that review is free.

Our perspective on drug driving charges

We see drug driving charges from people who are often shocked to be charged at all. They did not feel impaired, they had no idea a substance could still be detected, or they relied on a prescription. The law does not ask whether you were safe to drive for the first offence. It asks whether a relevant drug was present. That is why the defence has to be built carefully from the evidence.

Our approach is to give an honest assessment first. If there is a genuine problem with the testing, the charge or the procedure, we will say so and pursue it firmly. If the evidence is strong, we will tell you that too, and focus on protecting your licence, your job and your record through proper mitigation and, where available, a work licence application.

AJ Faisal has handled more than 1,000 criminal cases across the Brisbane courts. That experience means we understand how these matters are approached by prosecutors and magistrates, and we prepare each case on its own facts. Every client receives a personalised strategy, and our fixed fee service means you are not left guessing about cost.

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Speak to a Brisbane drug driving lawyer

If you have a notice to appear, a suspended licence or a positive roadside result, the sooner we review your paperwork the more options you will have. AJ Faisal offers a free case review and a free initial consultation, followed by a fixed fee quote if you decide to proceed. You can read about the broader process in our guide to facing criminal charges in Brisbane.

Contact AJ Faisal for a free initial consultation and bring your notice to appear, any test paperwork and details of any medication you take.

FAQ

What is the penalty for drug driving in Queensland?

For a first conviction of driving with a relevant drug present, the Queensland Law Handbook lists a fine of 14 penalty units or three months imprisonment, plus disqualification for at least one month. Driving under the influence of a drug is treated more seriously. The sentence depends on your history and the circumstances, so a lawyer should review your charge.

Will I lose my licence if I am charged with drug driving?

A positive roadside test suspends your licence for 24 hours. After a conviction, the court must disqualify you and your licence is cancelled straight away. You may be able to apply for a work licence for some drug driving charges, but not for driving under the influence of a drug.

Can I beat a drug driving charge?

Some charges can be challenged where there are problems with the testing process, the laboratory evidence or the charge itself. Others are best resolved by a plea with strong mitigation. We assess your brief of evidence honestly and tell you which path gives you the best prospects, without promising an outcome.

Do I need a lawyer for a drug driving charge?

You are not required to have one, but the penalties include disqualification and possible imprisonment. A lawyer can check the evidence, prepare mitigation, apply for a work licence and appear for you. Our first consultation is free.

Sources

• Drugs and driving, Queensland Government
• Drugs and driving, Legal Aid Queensland
• Work licences for drink driving and drug driving, Legal Aid Queensland
• Drug driving: what you need to know, Queensland Police
• Drinking and taking drugs while in charge of a vehicle, Queensland Law Handbook
• Drink and drug driving penalties, NSW Government
• Drug driving penalties, Transport Victoria
• Alcohol and drug penalties, SA Law Handbook
• Drug driving penalties by state

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• Facing Criminal Charges in Brisbane? How an Experienced Criminal Lawyer Can Help
• Criminal Charges Withdrawn or Dismissed? | Brisbane Criminal Lawyer
• Will I Go to Jail? Brisbane Criminal Lawyer Explains
• Can I Get Bail After Being Arrested in Brisbane?

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