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Drug Driving Lawyers Cairns, Brisbane, Gold Coast
Drug driving charges in Queensland
Being charged with drug driving can be a disorienting experience – especially if you weren’t aware that the substance could still be detected in your system or if you were taking legally prescribed medication.
Unlike drink driving, Queensland’s drug driving laws operate on a strict zero-tolerance basis. So, if a roadside test detects a relevant drug in your saliva or blood, you can be charged regardless of whether your driving was actually impaired.
That said, the law does distinguish between two different types of drug driving offence, and the courts treat these two categories very differently.
f you’re charged with drug driving in Queensland, getting legal advice from experienced traffic lawyers early can make a real difference to the outcome. After all, the first step is always understanding which offence applies to your situation and what options are available to you.
Call us if you're facing drug driving charges
At Osborne Butler Lawyers, we’re experienced in defending all types of drug driving charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
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What is a drug driving charge in Queensland?
Drug driving offences in Queensland are governed by section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld), which also deals with drink driving and DUI.
There are two distinct drug driving offences under section 79, which carry very different potential penalties.
Driving while a relevant drug is present (s 79(2AA))
The first and most common offence is driving while a relevant drug is present in your blood or saliva, under section 79(2AA) of the Act.
To be convicted of driving while a relevant drug is present, you must test positive to one of the following:
- THC (the active ingredient in cannabis, also known as delta-9-tetrahydrocannabinol)
- Methylamphetamine (also known as speed, ice or crystal meth)
- MDMA (the active ingredient in ecstasy), and
- Cocaine
This is a strict liability offence, which means that the prosecution doesn’t need to prove you were impaired or that the drug affected your driving in any way. All it has to do is prove that the relevant drug was detectable in your system while you were either driving, attempting to drive or in charge of a motor vehicle.
This catches a lot of people out who didn’t know they were doing anything wrong.
For instance, if you consumed cannabis recreationally days earlier and it’s still in your system, you will test positive and can be charged with drug driving. You can even test positive for a relevant drug if you take a legally-prescribed medication containing THC.
Driving under the influence of a drug (s 79(1))
The second and more serious offence is driving under the influence of a drug under section 79(1) of the Transport Operations (Road Use Management) Act 1995 (Qld). This is the same provision that applies to DUI alcohol offences.
This offence requires the prosecution to establish that the drug actually impaired your ability to drive safely. To do this, the prosecutor will usually present evidence, such as:
- The manner of your driving (e.g. swerving, erratic behaviour or failure to stay in your lane)
- Your appearance, demeanour and behaviour when stopped
- Slurred speech, poor balance or coordination
- Witness observations
- Any admissions you make to police, and
- The results of breath, blood or saliva tests.
Driving under the influence of a drug carries significantly more serious penalties than the offence of driving while a relevant drug is present, and is treated by courts in a similar way to high-range drink driving.
What drugs does Queensland test for at the roadside?
Queensland Police conduct random roadside drug tests using a two-stage saliva testing process. The tests detect the following substances:
- THC (i.e. cannabis)
- Methylamphetamine (speed/ice/crystal meth)
- MDMA (ecstasy), and
- Cocaine.
If a police officer suspects your ability to drive has been impaired by any drug – including a prescription medication not detected by saliva testing – they may also require you to provide a blood sample for analysis.
How long do drugs remain detectable?
This is one of the most common questions asked by people facing a drug driving charge and the answer is often more confronting than expected.
Detection windows for saliva testing depending on the drug.
Drug | Approximate detection window in saliva |
THC (cannabis) | Up to 30 hours after use |
Methylamphetamine | Up to 48 hours after use |
MDMA (ecstasy) | Up to 48 hours after use |
Cocaine | Up to 24 hours after use |
These are only approximate figures and how long a drug stays detectable in your system will depend on factors including the quantity consumed, how often you use it, your individual metabolism and whether you combined drugs with alcohol or other substances.
It’s always important to remember that someone can return a positive sample for THC at a roadside test well after any subjective feeling of impairment has passed.
The two-stage testing process
Roadside drug testing in Queensland follows a two-stage process.
Stage one. This involves a saliva swab taken at the roadside. This initial test screens for the presence of relevant drugs. It takes only a few minutes and is conducted at random breath test sites, targeted drug test locations or when an officer has reasonable grounds to suspect a driver is impaired.
Stage two. If the roadside test returns a positive result, the driver must accompany police to a station for a second, more rigorous saliva analysis. If that confirmatory test is also positive, the driver will receive an immediate 24-hour licence suspension and will be charged with a drug driving offence.
What are the penalties for drug driving in Queensland?
Penalties for drug driving depend on which offence you’re charged with, whether it’s your first or subsequent offence and the circumstances of your case.
Driving while a relevant drug is present (first offence)
For a first offence under section 79(2AA), the maximum penalties are:
- A fine of up to $2,418 (14 penalty units), and
- Up to three months imprisonment
A mandatory minimum licence disqualification also applies. For most first offenders, the minimum disqualification period is one month.
Driving under the influence of a drug (first offence)
A first DUI drug offence under section 79(1) is treated in a comparable way to high-range drink driving. Maximum penalties are:
- A fine of up to $4,836 (28 penalty units), and
- Up to nine months’ imprisonment
The mandatory minimum disqualification period is six months.
Repeat offenders
If you’ve been convicted of a drug driving or drink driving offence within the five years before your current charge, you face significantly higher penalties than a first offender.
The more prior convictions you have – and the more serious they are – the harder the court can hit you.
Maximum penalties in Queensland for driving when a relevant drug is present
Prior conviction history (within past five years) | Maximum fine | Maximum imprisonment |
No prior convictions | $2,418 | Three months |
One prior relevant conviction | $3,458 | Six months |
Two prior relevant convictions | $4,386 | Nine months |
One prior DUI conviction, or one prior conviction for dangerous driving (s 328A) or an indictable driving offence | $5,181 | 12 months |
One prior relevant conviction plus one prior DUI, dangerous driving or indictable driving conviction | $10,362 | 18 months |
* Figures based on the Queensland penalty unit value of $172.70, effective 1 July 2026. Penalty unit values are subject to annual adjustment.
Maximum penalties in Queensland for driving under the influence of a relevant drug (DUI)
Prior conviction history (within past five years) | Maximum fine | Maximum imprisonment |
No prior convictions | $4,836 | Nine months |
One prior relevant conviction | $5,181 | 12 months |
One prior DUI conviction, or one prior conviction for dangerous driving (s 328A) or an indictable driving offence | $10,362 | 18 months |
* Figures based on the Queensland penalty unit value of $172.70, effective 1 July 2026. Penalty unit values are subject to annual adjustment.
The court must impose a prison sentence when you’re charged with DUI and you have any combination of two relevant prior convictions within five years. This includes prior DUI convictions, prior convictions for an indictable driving offence or prior convictions for dangerous driving under section 328A of the Criminal Code.
Other consequences of a drug driving conviction
Beyond the immediate court penalties, a drug driving conviction can also affect:
- Your current and future employment, particularly if your role requires a licence or involves working with vulnerable people
- Security clearances
- Professional licences and registrations
- Insurance premiums, and
- Any penalties applied in future traffic offence convictions.
Drug driving and prescription medication
One of the most misunderstood aspects of Queensland’s drug driving laws is how they apply to prescription medication.
If you’re taking a legally prescribed medication that contains a relevant drug – most commonly medicinal cannabis containing THC – you can still be charged with a drug driving offence if that substance is detected in your saliva or blood while you’re driving.
Medicinal cannabis and driving in Queensland
Queensland currently maintains a strict zero-tolerance position on THC while driving, regardless of whether the cannabis was legally prescribed. Under section 79(2AA) of the Act, the mere presence of THC in your system is enough.
This means if you take prescribed medicinal cannabis in the evening and drive to work the following morning, you may test positive at a roadside drug test and face a criminal charge – even if you weren’t impaired and were just taking medication your doctor prescribed.
If you’ve been charged with drug driving after testing positive for prescribed THC, you should seek legal advice as soon as possible. An experienced traffic lawyer can advise you on whether any defences or mitigating circumstances apply in your specific situation.
Other prescription medications
Other prescription medications – including opioid pain relief, benzodiazepines, certain antidepressants and some cold and flu preparations – can also impair your driving ability, even if you’re taking them exactly as prescribed.
Where police have reason to believe your driving has been impaired by a prescription medication not detected by saliva testing, they may require you to provide a blood sample.
If that blood test indicates impairment, you can be charged with DUI under section 79(1) of the Act, even where the substance involved is a legally prescribed medication.
For this reason, if you take regular prescription medication and drive, it’s worth discussing the effects of that medication on driving ability with your prescribing doctor or pharmacist.
Understanding your rights during a roadside drug test
Queensland police generally have broad rights to require motorists to undertake drug testing.
Can police conduct a roadside drug test without cause?
Yes. Like random breath tests for alcohol, Queensland Police can conduct random roadside drug tests without needing a specific reason to suspect you’ve been using drugs. You don’t need to have committed any traffic offence to be tested.
Do you have to comply with a roadside drug test?
Yes. Refusing or failing to provide a saliva sample without a reasonable excuse is itself a serious offence under the Act and can result in significant penalties, including fines of up to $10,362 (60 penalty units) and a prison sentence of up to six months.
You may also be liable to the same penalties as if you’d been found guilty of DUI.
What should you say to police?
You’re generally not required to answer questions beyond providing your name and address. While you should be cooperative and polite, you should also be aware that anything you say can be used in evidence.
If you’re asked questions about your drug use or driving, you have the right to speak with a lawyer before answering, and in most circumstances it is wise to do so before providing any answer to the police.
What happens after a positive roadside test?
If your roadside swab returns a positive result, you’ll be required to accompany the police to a station for a confirmatory saliva test. If that test is also positive, your licence will be immediately suspended for 24 hours and you’ll be charged with a drug driving offence. You’ll also receive a notice to appear in court.
Frequently asked questions about drug driving in Queensland
What’s the difference between drug driving and DUI in Queensland?
A conviction for drug driving under section 79(2AA) of the Act only requires driving while a relevant drug is present in your blood or saliva. It doesn’t matter whether or not that drug impaired your ability to drive.
DUI under section 79(1) is more serious and requires the prosecution to establish that the drug actually impaired your ability to drive safely. DUI carries significantly higher penalties, including a minimum six-month licence disqualification for a first offence.
Can I be charged with drug driving if I smoked cannabis yesterday?
Yes. THC often remains detectable in saliva for up to 30 hours after use and detection windows vary depending on the quantity you’ve consumed, how often you smoke and your individual metabolism. The presence of THC in your system is sufficient to ground a drug driving charge under section 79(2AA). The prosecution does not need to prove you were impaired at the time.
Can I be charged with drug driving if I have a medicinal cannabis prescription?
Yes, under current Queensland law it doesn’t matter whether the THC is present in your system due to a prescription, you can still be convicted of drug driving. If you’ve been charged in these circumstances, you should seek legal advice as soon as possible.
What happens if I refuse a roadside drug test?
In Queensland, refusing or failing to provide a saliva sample without a reasonable excuse is a serious offence. It can result in fines of up to $10,362 and up to six months imprisonment, and you may be liable to the same penalties as if you’d been convicted of DUI. You should never refuse to undertake a lawfully-conducted roadside drug test.
Will I lose my licence immediately after a positive drug test?
Your licence is immediately suspended for 24-hours from the time your positive test result is confirmed. If you’re subsequently charged and convicted of drug driving, the court will disqualify you from driving for a further period. The minimum disqualification period depending on the nature of the offence and your prior history.
Can I get a work licence if I’m convicted of drug driving?
You may be able to get a work licence after you’ve been convicted of driving while a relevant drug is present under section 79(2AA). However, work licences aren’t generally available to anyone convicted of DUI drug offences or for repeat offenders.
Strict eligibility criteria apply and your application must be properly prepared and supported. You should speak with a lawyer as early as possible if you’re considering this path.
How far back do courts look at prior drug driving convictions?
Queensland courts apply the same five-year look-back period for drug driving offences as for drink driving offences. Any relevant conviction, including prior drug driving or drink driving convictions, recorded within the five years before your current conviction can significantly increase the penalties available to the court. The five years is measured from date of conviction to date of conviction, not from the date of the offence.
What should you do if you’ve been charged with drug driving?
If you’ve charged with drug driving, your actions in the next hours and days could have real implications for the outcome of your matter.
1. Seek legal advice as soon as possible
Drug driving matters can move quickly, and early advice can make a real difference. That’s particularly true if your licence is at risk or where the circumstances of your charge are complex, such as if your positive test was the result of taking prescription medication.
An experienced traffic lawyer can explain the charge and the penalties you face, advise whether you should plead guilty or contest the charge, identify any defences or procedural issues with the testing process and help you apply for a work licence or special hardship order where it’s available.
2. Don’t ignore the notice or court date
If you fail to respond or attend court, the matter may be dealt with in your absence, potentially resulting in a conviction, fine and licence disqualification recorded without your input.
3. Check whether your licence has already been suspended
A 24-hour immediate suspension applies from the time of a confirmed positive test. In some cases a further suspension may apply. Confirm your licence status before driving, as driving while suspended is a separate and more serious offence.
4. Prepare for court properly
If your matter is going to court, it’s important to be prepared. This can include gathering character references, providing evidence of your need for a licence for work or family responsibilities and being able to demonstrate any steps you’ve taken to address the underlying issue.
5. Avoid committing further offences
Committing a further offence before your matter is resolved can significantly affect the outcome. Courts take repeat conduct seriously, and even minor additional offences can result in a substantially worse penalty than you might otherwise have faced.
When should you contact a lawyer if you’ve been charged with drug driving?
If your licence matters to you, speak with a lawyer as soon as possible after being charged.
You should seek legal advice immediately where:
- You have been charged with drug driving or DUI involving drugs
- Your licence has been suspended following a positive roadside test
- You were taking prescription or medicinal cannabis medication at the time of the test
- You’re a repeat offender and are concerned about escalating penalties, or
- You have a court date approaching and are unsure how to respond
Even if the offence seems straightforward, early legal advice helps you understand your options and avoid mistakes that may affect the outcome.
How can a drug driving lawyer help?
Drug driving matters aren’t always as straightforward as they appear. An experienced traffic lawyer can help by:
- Identifying any potential procedural irregularities that may affect whether police evidence can be admitted court (this can sometimes even include the positive test)
- Advising on the strength of the prosecution’s case and whether it’s worth contesting the charge
- Preparing material to present to the court on sentencing, including character references, evidence of licence dependency and steps taken toward rehabilitation
- Advising on eligibility for a work licence or special hardship order
- Representing you in court and making submissions aimed at minimising the impact on your licence and record.
Call Osborne Butler for clear, confidential advice
Drug driving charges can have immediate and lasting consequences: for your licence, your reputation, your employment and your record.
Whether you’ve returned a positive roadside test or have been charged following a blood analysis, getting clear legal advice early is the most important step you can take.
At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice and strong representation from the moment you’re charged through to your court appearance and beyond.
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If you’ve been charged with drug driving in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced legal representation.
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