Giving you the best chance of saving your licence with a restricted work licence or special hardship order
If you are facing a disqualification of your driver’s licence for drug driving, depending on the circumstances of the offence you maybe be eligible for a restricted work licence.
Restricted work licence application
If you are charged with certain drug or drink driving offences, you may be eligible for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995.
A work licence will allow you to continue driving under specific conditions related directly with your employment. For more information about restricted work licences, click here or give us a call on 1300 11 22 12 to discuss your eligibility.
Special hardship order application
A Special Hardship Order (SHO) can allow you to drive under strict conditions if your Queensland licence is suspended, typically due to:
Accumulating extra demerit points while on a Good Driving Behaviour period, or
Committing a high-speed offence (over 40 km/h).
Because an SHO only applies to suspensions, it won’t help if you’re disqualified (for example, after a drink or drug driving conviction). In those circumstances, applying for a work licence is usually more appropriate.
To find out more about SHOs, give us a call on 1300 11 22 12 to discuss your eligibility.
Drug driving charges our experienced team of drug driving lawyers can help defend in Brisbane & Gold Coast
Are you facing drug driving charges in Queensland? Our experienced team of drug driving lawyers can assist you with obtaining restricted licences for work, reducing disqualification periods and helping you navigate the court process with ease.
Our team is available 24/7 and ready to answer any questions you may have, give us a call on 1300 11 22 12, or alternatively contact us here.
Driving under the influence of drugs
Driving under the influence of a drug is an offence in Queensland, a person will be charged if they are found to be:
- driving a motor vehicle, tram, train or vessel; or
- attempts to put in motion a motor vehicle, tram, train or vessel; or
- is in charge of a motor vehicle, tram, train or vessel.
This charge is based on impairment, meaning the driver shows visible signs of being affected by drugs, police may assess this through various indicators, such as:
- Slurred speech
- Erratic driving
- Poor coordination
- Disorientation
- Drug paraphernalia in the car
- Eyes (bloodshot, dilated, spasms)
What is the maximum penalty you can get for Driving under the influence of drugs in QLD?
- Maximum penalty is a fine up to $4,516 or up to 9 months imprisonment
- If, in the previous 5 years, a person has been previously convicted of drug driving, the penalty may increase to up to $9,678 fine or up to 18 months imprisonment
- First time offenders will have their licence disqualified for a minimum period of 6 months
- Not eligible for a work licence
What are potential defence strategies for Driving under the influence of drugs in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
- The accused was not driving ‘under the influence’ of a drug
Driving with a relevant drug in saliva or blood
In Queensland, it is an offence to, while a relevant drug is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
For the purposes of the offence, a relevant drug means MDMA, cocaine, cannabis or methylamphetamine.
If you have been charged with a drug driving offence give us a call on 1300 11 22 12.
What is the maximum penalty you can get for Driving with a relevant drug in saliva or blood in QLD?
- If found guilty of driving while a relevant drug is present in your blood or saliva, you could be fined up to $2,258 or imprisoned for up to 3 months.
- First time offenders will also have their licence disqualified for a period of 1 to 9 months. The exact duration is determined by the court, taking into account circumstances of your offence.
Although imprisonment is rarely imposed for this offence, at Donnelly Law Group we strive to help clients secure reduced penalties and obtain work licences to stay on the road and maintain their livelihoods. Give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What are potential defence strategies for Driving with a relevant drug in saliva or blood in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
Cannabis and THC drug driving offences
Under Queensland law, cannabis is considered a relevant drug, and it is an offence to, while cannabis is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
If you have been charged with driving while a relevant drug present, give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What is the maximum penalty you can get for Cannabis and THC drug driving in QLD?
- If found guilty of driving while cannabis/THC is present in your blood or saliva, you could be fined up to $2,258 or imprisoned for up to 3 months.
- First time offenders will also have their licence disqualified for a period of 1 to 9 months. The exact duration is determined by the court, taking into account circumstances of your offence.
Although imprisonment is rarely imposed for this offence, at Donnelly Law Group we strive to help clients secure reduced penalties and obtain work licences to stay on the road and maintain their livelihoods. Give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What are potential defence strategies for Cannabis and THC drug driving in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
MDMA drug driving offences
Under Queensland law, MDMA is considered a relevant drug, and it is an offence to, while MDMA is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
If you have been charged with driving while a relevant drug present, click here to find out more, or give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What is the maximum penalty you can get for MDMA drug driving in QLD?
- If found guilty of driving while MDMA is present in your blood or saliva, you could be fined up to $2,258 or imprisoned for up to 3 months.
- First time offenders will also have their licence disqualified for a period of 1 to 9 months. The exact duration is determined by the court, taking into account circumstances of your offence.
Although imprisonment is rarely imposed for this offence, at Donnelly Law Group we strive to help clients secure reduced penalties and obtain work licences to stay on the road and maintain their livelihoods. Give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What are potential defence strategies for MDMA drug driving in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
Cocaine drug driving offences
Under Queensland law, cocaine is considered a relevant drug, and it is an offence to, while cocaine is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
If you have been charged with driving while a relevant drug present, or give us a call on 1300 11 22 12 to chat with one of our drug driving lawyers.
What is the maximum penalty you can get for Cocaine drug driving in QLD?
- If found guilty of driving while cocaine is present in your blood or saliva, you could be fined up to $2,258 or imprisoned for up to 3 months.
- First time offenders will also have their licence disqualified for a period of 1 to 9 months. The exact duration is determined by the court, taking into account circumstances of your offence.
Although imprisonment is rarely imposed for this offence, at Donnelly Law Group we strive to help clients secure reduced penalties and obtain work licences to stay on the road and maintain their livelihoods. Give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What are potential defence strategies for Cocaine drug driving in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
Methylamphetamine drug driving offences
Under Queensland law, methylamphetamine is considered a relevant drug, and it is an offence to, while methylamphetamine is present in a person’s blood or saliva:
- drive a motor vehicle, tram, train or vessel; or
- attempt to put in motion a motor vehicle, tram, train or vessel; or
- be in charge of a motor vehicle, tram, train or vessel.
If you have been charged with driving while a relevant drug is present, or give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What is the maximum penalty you can get for Methylamphetamine drug driving in QLD?
- If found guilty of driving while Methylamphetamine is present in your blood or saliva, you could be fined up to $2,258 or imprisoned for up to 3 months.
- First time offenders will also have their licence disqualified for a period of 1 to 9 months. The exact duration is determined by the court, taking into account circumstances of your offence.
Although imprisonment is rarely imposed for this offence, at Donnelly Law Group we strive to help clients secure reduced penalties and obtain work licences to stay on the road and maintain their livelihoods. Give us a call on 1300 11 22 12 to chat to one of our drug driving lawyers.
What are potential defence strategies for Methylamphetamine drug driving in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
Repeat offender drug driving offences
Queensland imposes far stricter penalties for repeat drug driving offenders compared to first-time violations. These penalties can include longer disqualification periods, higher fines and a possibility of imprisonment.
What is the maximum penalty you can get for Repeat offender drug driving in QLD?
| Offence | Second Offence (Within 5 Years) | Third/Subsequent Offence (Within 5 Years) |
|---|---|---|
| Driving Under the Influence of Drugs (DUI) |
|
|
| Driving with a Relevant Drug Present in Blood or Saliva |
|
|
What are potential defence strategies for Repeat offender drug driving in Brisbane, Gold Coast & QLD?
- The accused was not in charge of a motor vehicle
- Mistaken identity
- Extraordinary emergency
Why choose Donnelly Law Group as your drug driving lawyers?
Extensive experience handling drug driving offences across Brisbane, Gold Coast & QLD
Donnelly Law Group has successfully defended clients in all drug driving offences across Brisbane and the Gold Coast since 1996. From first-time traffic charges to repeat offences, our experienced drug driving lawyers are equipped to handle every case.
Local expertise
With offices on the Gold Coast and Brisbane, we have a deep understanding of the local court processes and procedures in relation to drug driving offences. We have established relationships with police, prosecutors and magistrates, providing you with every legal resource at our disposal.
Personalised approach for all drug driving offences to help achieve the best outcome for our clients
At Donnelly Law Group, we provide a personal approach for all clients charged with drug driving offences. We provide legal advice in relation to your charges, and provide clear communication about your matter, keeping you informed at every stage of your matter.
Book An Appointment.
Our legal strategy for drug driving offences across Brisbane, Gold Coast & QLD
At Donnelly Law Group, we provide a clear and result driven approach to every case, ensuring we guide you through the legal process with confidence.
Initial consultation
During the initial consultation our lawyers will explain your legal rights and the charges against you. We will provide you with legal options moving forward.
Case assessment
After the initial consultation, our drug driving lawyers will review the evidence against you and determine the strengths/weaknesses of the prosecution’s case.
Developing a defence strategy
Our drug driving lawyers will craft an expert defence strategy for your drug driving matter, we will utilise character references, traffic history, rehabilitation programs and mitigating factors in preparation for court. Where possible, our lawyers will negotiate with the prosecution to reduce penalties or have the charges dismissed.
Court representation
Our lawyers have been representing clients in court for drug driving matters for over 25+ years. We aim to provide you with the best legal representation possible, with the aim of achieving the best outcome in court.
Drug driving charges FAQs.
What should I do if the police want to test or talk to me about a drug driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence, and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements, or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Can I be charged with drug driving after the event?
In Queensland, the police can require you to conduct a saliva or blood test within 3 hours of you driving or being in charge of a motor vehicle.
However, the test must be conducted under procedural law.
If you have been charged with drug driving after the event, contact Donnelly Law Group now to book your free consultation with our specialist drug driving lawyers.
Do I need a lawyer for a drug driving offence?
Having defended and witnessed thousands of drug driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a traffic lawyer who specialises in drug driving offences.
Our drug driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate so that you attain the best possible result.
People who do not engage the help of a specialist drug driving lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of drug driving lawyers will collaboratively research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers drug driving offences in Queensland?
In Queensland, drug driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What are the penalties for drug driving in Queensland?
- Driving with a relevant drug present in the saliva or blood (lesser penalties)
- Driving under the influence of a drug (higher penalties)
| Offence | Minimum Disqualification Period | Maximum Fine Amount | Maximum Prison Sentence | Immediate Licence Suspension | Can apply for work licence? |
|---|---|---|---|---|---|
| Driving with a relevant drug present | 1-9 months | 14 penalty units | 3 months | 24 hours | Yes (strict criteria must be met). |
| Driving under the influence of a drug | 6 months | 28 penalty units | 9 months | Until charge is finalised in court or discontinued. | No. |
| Repeat drug driving offences (within a 5-year period) | 1-2 years | 60 penalty units | Determined by the court. | No. |
In Queensland, the driver’s criminal history and driving history are key factors when sentencing someone for a drug driving offence. Drivers who commit repeat drug driving offences face higher penalties.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each drug driving offence.
How long will my licence be immediately suspended after drug driving?
People charged with “Driving with a relevant drug present in saliva or blood” will have their licence immediately suspended for 24 hours after testing positive. After that time, if you have no other pending drug driving charges, your driver’s licence will remain valid until the charge is finalised in court or discontinued.
People charged with “Driving under the influence of a drug” will have their licence immediately suspended until the charge is finalised in court or discontinued.
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today and book your free consultation with one of our specialist drug driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of drug driving?
If you are charged with drug driving, you cannot simply ask the magistrate for a work licence. To get a work licence you need to apply in writing to the Magistrates Court and convince the Magistrate by providing a lot of detailed information.
In Queensland, you can only apply for a work licence if you were charged with “driving with a relevant drug present in your saliva or blood”. You can not apply if you were charged with the more serious offence of “driving under the influence of drugs”.
To apply to the Magistrates Court for a work licence, you must also meet the following requirements at the time you were caught drug driving:
- You held a current Queensland open driver’s licence for the vehicle you were driving;
- You weren’t driving for your job;
- You weren’t already driving under a work licence;
- You weren’t driving a vehicle that required you to have nil alcohol in your breath or blood (e.g. a coach or heavy vehicle); and
- At the time of applying for a work licence, you hold a current Queensland open or provisional drivers licence;
- In the last 5 years, you haven’t:
- Been convicted of drink or drug driving or a similar offence;
- Been convicted of dangerous driving in Queensland;
- Had a licence suspended or disqualified (further conditions apply).
Even if you meet all of the above eligibility requirements, you still must:
- Prove to the Magistrate that you are a “fit and proper person”;
- Prove to the Magistrate that without a work licence, you and your family will suffer extreme hardship because you will be deprived of your means of earning a living.
See our page on Work Licence Applications for more information on work licence restrictions and the application process.
Donnelly Law Group takes the stress and complication out of applying to the Magistrates Court for a work licence. Contact us today and book your free consultation with a specialist drug driving lawyer.
Are there any legal defences to drug driving charges?
Yes, there are legal defences available in drug driving matters in Queensland. Defences may include mistaken identity, the driver was not in charge of the vehicle, police procedural mistakes, and more.
Donnelly Law Group’s specialist drug driving lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for drug driving matters?
A lot of people believe that they cannot afford to hire an expert drug driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference, or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving, domestic violence matters, and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
