Have you been charged with driving under the influence of a drug or driving while a relevant drug is present? You might have had drugs the day before, or even days before only to be tested with a roadside saliva test or a blood test, and police have detected drugs present in your body. No matter what kind of drug driving offence you have been charged with, we are DUI lawyers in Brisbane you can trust, and we are here to provide you with the very best representation in court.
The penalties for driving under the influence of drugs varies depending on what range of drug conviction you are facing, whether this is a first offence or a subsequent offence, and whether there are other extenuating circumstances such as an accident or death that occurred as a result of your driving.
If you are facing court for any charge related to drug driving, it is vital that you seek legal representation to ensure you are properly represented. This is because the process of facing court for a drug driving charge can be complicated. Having sound legal advice means that you can move forward with clarity and have a realistic understanding of what kind of penalty you may face.
We are your experienced drug driving lawyers in Brisbane, and we are here for comprehensive legal advice and representation for your drug driving charge. Call us now on (07) 3188 5626 or contact us online.
Drug Driving Lawyers Brisbane
In Queensland, there is a zero-tolerance policy for drug driving. So, if you have been tested for drugs and return any positive result, you will be charged. The most common offence that people are charged with is driving while a relevant drug is present. At the moment, Queensland Police can test for the presence of a number of drugs including ecstasy (MDMA), methamphetamine (ice), and cannabis. So even if you have taken a drug a day or even days prior to being intercepted, you may return a positive result to a Queensland Police roadside test.
The police will test you for drugs with a saliva test. The test usually takes around five minutes to come back with a result. Just like with drink driving, it is an offence to refuse to provide a sample without reason and failure to do so will result in a higher charge being issued against you.
What about prescription drugs? If you do not take illegal drugs and only take prescription drugs, but then drive a car, you may be found to be under the influence of drugs. If you are pulled over for a random breath test or random saliva test, this will not detect prescription or over the counter medications, but a blood test may return a positive result for the medication you have taken.
What kind of penalty am I facing? The maximum possible penalty for driving with a relevant drug present in your system is 14 penalty units or 3 months’ imprisonment. There is also a compulsory disqualification of your licence if you have been charged with driving with a relevant drug present. This can be anywhere from one month to nine months.
Because there is so much potential variation present in each case, and so many different ways to defend your matter, it is vital to get comprehensive legal advice and representation from our Brisbane DUI Lawyers.
What will happen in court
As with a drink-driving charge, a drug driving charge requires that you are disqualified from holding a Queensland driver’s licence for a period of time. The Court has no choice in imposing this on you; it is part of the criminal justice system.
At court, you will hand in your driver’s licence because it will be cancelled from that point. It is a further offence to keep a cancelled driver’s licence.
It is vital that you seek legal advice and representation if you have been charged. We can help to make sense of your charge and can provide you with comprehensive representation to achieve the best possible outcome for your circumstances.
Work licences Applications
It will depend on your situation as to whether you can get a work licence after being charged with a drug driving offence. There are two potential charges:
Driving while a relevant drug is present
Driving under the influence of drugs
If you have been charged with driving while a relevant drug is present, you may be able to apply for a work licence, however your personal driving history will also be a determining factor. But if you have been charged with driving under the influence of drugs, you cannot apply for a work licence for any reason. There will be a mandatory period of disqualification, and if you drive during this time, you are breaking the law and face severe penalties being imposed against you.
Applying for a work licence is a complicated process, and it is important that you move through the process in the right way to achieve the best possible result. You need to prepare affidavits (written sworn statements) from relevant people and to lodge these documents with the court. There is room for error here, which is why our representation makes this process straightforward.
Contact our DUI Lawyers in Brisbane Today
Been charged with drug driving? We are here to help you defend your matter in court, apply for a work licence, and to guide you through what can be a stressful and difficult time. Having the wrong advice at a time like this is potentially deeply problematic, especially because you are facing a penalty which may involve imprisonment. Contact us today for a straightforward assessment of your matter, and for realistic and strong representation at every stage of your matter.
Call us on (07) 3188 5626. We represent clients from across South East Queensland. Get in touch with our drug driving lawyers in Brisbane today.