Drug Driving Lawyer Cairns — Charges, Penalties and Sentencing

Drug Driving in Queensland — The Zero-Tolerance Framework

Queensland operates a zero-tolerance framework for drug driving. Under the drug driving provision of the Transport Operations (Road Use Management) Act 1995 (Qld), it is an offence to drive or be in charge of a vehicle while a "relevant drug" is present in your saliva or blood. There is no threshold — any detectable amount of a relevant drug triggers the offence.

This is fundamentally different from drink driving, where the offence depends on the BAC exceeding a specific limit. For drug driving, the question is binary: was a relevant drug present, or was it not? The amount does not matter. The level of impairment does not matter. The presence of the drug alone is sufficient for the offence.

The relevant drugs tested for in Queensland roadside drug testing are:

• THC (delta-9-tetrahydrocannabinol) — the active component of cannabis
• Methylamphetamine (methamphetamine / ice)
• MDMA (ecstasy)
• Cocaine

These four are the only drugs the roadside saliva test looks for. Cocaine was added to the list and is now tested for at the roadside — older guides saying it is not are out of date. Other drugs — prescription medications, heroin, GHB, benzodiazepines — are not detected by the saliva test, but can be detected through blood analysis if the driver is taken to a hospital for a blood test, which usually happens after a crash or where the officer suspects impairment from a drug the saliva test does not cover.

The Roadside Drug Testing Process

Queensland Police conduct Random Drug Testing (RDT) operations alongside Random Breath Testing. The RDT process involves a two-stage saliva test:

Stage 1: Preliminary Saliva Test

The driver is asked to place a testing device in their mouth for a short period (typically 3–5 minutes). The device collects a saliva sample and provides a preliminary indication of whether a relevant drug is present. This test is conducted at the roadside.

If the preliminary test is negative, the driver is released.

If the preliminary test is positive or inconclusive, the driver proceeds to Stage 2.

Stage 2: Confirmatory Saliva Test

The driver is taken to a police station or mobile testing unit for a second saliva test. This test uses a more precise device and produces a more reliable result. The second sample is divided — one portion is tested immediately, and the other is sent to a laboratory for confirmatory analysis.

The laboratory analysis is the definitive result. If the laboratory confirms the presence of a relevant drug, the charge proceeds. If the laboratory does not confirm, the charge may be withdrawn.

Licence Suspension

The driver's licence is suspended for 24 hours from the saliva analysis, and police must give the driver a written statement of that suspension. Driving during those 24 hours is a separate offence carrying up to 14 penalty units or 1 year's imprisonment — a higher maximum than the drug driving charge itself.

After the 24 hours, a driver charged with a first drug driving offence keeps their licence until the court deals with the charge. A driver charged while an earlier drug driving charge is still before the court is suspended from the day of that second charge until the court deals with it. The 24-hour suspension operates independently of the disqualification imposed at sentencing.

What Your Lawyer Reviews

For the majority of drug driving charges where the laboratory confirms a positive result, a guilty plea is the appropriate course and the focus is on sentencing preparation. However, a lawyer will always review the prosecution brief before advising on plea — because the prosecution must still prove every element of the charge, including that the testing procedure was followed correctly.

The review includes checking the saliva testing procedure, the laboratory analysis, the chain of custody for the sample, and the operator's compliance with the approved testing protocol. If there is a genuine issue with the evidence, your lawyer will advise you on the options. In practice, the prosecution brief is usually in order, and the advice will be to plead guilty and focus on achieving the best possible sentencing outcome.

Prescribed Medication and Drug Driving

A common question is whether a valid prescription provides a defence to a drug driving charge. The short answer is no. There is no prescribed-medication defence anywhere in the TORUM Act for drug driving offences.

The offence under the drug driving provision is a strict liability offence — any detectable presence of a relevant drug (THC, methylamphetamine, MDMA or cocaine) in saliva or blood is an offence regardless of whether the drug was prescribed, the dosage was correct, or the driver was impaired. Critically, a specific exclusion provision of the TORUM Act expressly provides that "The Criminal Code, section 24 does not apply to an offence under this section" — that is the honest-and-reasonable-mistake-of-fact defence, and it is unavailable for every offence in that section, drug driving included.

This means:

• A patient prescribed dexamphetamine (which contains methylamphetamine) for ADHD has no defence if they test positive while driving
• A patient prescribed medicinal cannabis has no defence if they test positive for THC while driving
• The fact of a valid prescription may be relevant to sentencing (a magistrate may view prescribed use differently from recreational use), but it is not a defence to the charge itself

This is a significant area of ongoing law reform advocacy in Queensland. As of 2026, the strict-liability position remains unchanged — prescribed medication is not a defence to drug driving.

Detection Windows and Sentencing

How long a drug stays detectable in saliva varies with the drug, the quantity and quality of what was taken, how often the person uses it, and how long ago. The offence is based on the presence of the drug, not on impairment — so a person who used a drug days before driving may still test positive after the impairing effects have worn off.

While the delay between consumption and driving is not a defence, it is relevant to sentencing. A magistrate is likely to view a person who used cannabis the previous evening and drove the following day differently from a person who used immediately before driving. Your lawyer will present this context as part of the sentencing submissions.

Sentencing for Drug Driving

The sentencing framework for drug driving mirrors the drink driving framework in structure, but the specific penalties differ:

First Offence

• Disqualification — 1 to 9 months if you held an open licence. 3 to 9 months if you were unlicensed or held a learner, probationary, provisional or restricted licence. Disqualification is mandatory; the court cannot decline to impose it.
• Fine — up to 14 penalty units, currently $2,417.80
• Imprisonment — up to 3 months. It is rarely imposed on a first offence, but the law makes it available.
• Conviction — a criminal conviction is recorded unless the magistrate exercises the discretion not to record one

Second Offence (one prior within 5 years)

• Disqualification — minimum 3 months, maximum 18 months
• Fine — up to 28 penalty units, currently $4,835.60
• Imprisonment — up to 6 months

Third or Subsequent Offence (two or more priors within 5 years)

• Disqualification — 6 months, fixed by operation of law (the court has no discretion)
• Fine — up to 36 penalty units, currently $6,217.20
• Imprisonment — up to 9 months

The maximum fines for a second and third offence went up on 31 August 2026. For an offence committed before that date the older maximums apply — 20 penalty units for a second offence and 28 for a third — because a person cannot be punished beyond the maximum that was in force when the offence was committed.

Where a Prior Conviction Is Drink Driving or Dangerous Driving

Prior drink driving convictions count. A drink driving conviction in the last 5 years puts you on the second or third offence tier above, even though this is your only drug driving charge.

Two kinds of prior carry their own higher tiers. A prior conviction for driving under the influence, for dangerous operation of a vehicle, or for any driving offence dealt with on indictment, lifts the maximum to 42 penalty units or 1 year's imprisonment, with a fixed 9-month disqualification. Where there is a prior of that kind and a prior drink or drug driving conviction, the maximum is 72 penalty units or 18 months, with a fixed 1-year disqualification.

Drug Driving vs Driving Under the Influence (DUI)

A drug driving charge under the drug driving provision is a presence-based offence — it requires detection of a relevant drug in saliva or blood. A separate, more serious offence exists under DUI: Driving Under the Influence (DUI), which is an impairment-based offence. DUI does not require a positive drug test — it requires evidence that the driver was impaired by a drug to the extent that they could not properly control the vehicle.

DUI charges are more serious, carry higher penalties (including imprisonment for a first offence), and involve different evidence — typically the observations of the arresting officer about the driver's behaviour, coordination, speech, and driving patterns. A driver can be charged with both drug driving (presence) and DUI (impairment) arising from the same incident.

Work Licences and Drug Driving

Whether a work licence is available for a drug driving charge depends on the offence provision and the licence type — not a blanket rule.

When a Work Licence IS Available

An open licence holder charged under the drug driving provision (driving with a relevant drug present in saliva or blood) can apply for a work licence under the work licence provisions. The drug driving offence is not one of the offences the work licence bar lists outright. The general eligibility requirements still apply — no prior disqualification or conviction within five years, the offence was not committed during work, and the applicant must demonstrate extreme hardship.

When a Work Licence is NOT Available

Learner, provisional (P1/P2), restricted licence and interlock drivers, and anyone who was driving a truck, bus, taxi or rideshare vehicle at the time charged under the drug driving provision cannot apply. They are barred by a separate statutory bar.

A person charged with Driving Under the Influence (DUI) of a drug under DUI — the impairment-based offence — cannot apply for a work licence regardless of licence type. Driving under the influence is one of the offences the work licence bar lists outright.

This distinction is critical: "drug driving" covers both the presence-based offence (the drug driving provision) and DUI-by-drug (DUI). The work licence answer is opposite depending on which charge applies.