Queensland Drug Driving Laws & Penalties
Queensland Drug Driving Penalties vary subject to your type of charge (Relevant Drug Present or Under Influence of a Drug), any previous history of this type of offending, along with whether or not there was a collision and any injuries of death.
For the specific penalty for your particular situation, along with examples of actual outcomes which we have achieved for clients in your exact situation, feel free to anonymously utilise our online Case Analysis Tool by pressing the button below (no contact details or identifying particulars required).
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Statewide Qld Drug Drink Driving Lawyer
Whilst the maximum and Mandatory Minimum penalties are consistent throughout Queensland, Magistrates are when its all said and done human beings, and each has their own interpretation of both the facts and the law.
What might be a consistent penalty in one court, may be considered inappropriate in another.
Accordingly, familiarity with the style and mannerisms of each Magistrate in Queensland is key to the successful preparation and argument of your matter in court.
Further, the Magistrate's familiarity with your lawyer is also key.
If the Magistrate knows your lawyer does not step into the courtroom without being completely ready to not only address, but extinguish, any and every doubt in their mind, with regard to the penalty being sought, half of the battle is already won.
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Anyone can get a law degree, and any lawyer can mumble in front of a Magistrate, but a savvy Magistrate will only be persuaded by a forceful and specilaised Drug Driving Lawyer, whom they know and trust, and with whom they are familiar.
Having a Returned Serviceman who speaks in the courtroom like they are on the Drill Square doesn't hurt either.
Wiseman Lawyers Principal Solicitor Andrew Wiseman deployed to East Timor in 1999 and 2001, before leaving his 10 year career in the Australian Regular Army to commence his law degree in 2002.
Further, Magistrates rotate on a regular basis, either permanently or for relief purposes, so when a Magistrate different to the one expected walks into the courtroom, you need to ready to adapt accordingly.
Queensland Drug Driving Legislation
Notwithstanding what is stated above, the charges of Drug Driving, Driving With a Relevant Drug Present and Driving Under the Influence of a Drug are considered by the Magistrates Courts of Queensland to be acts of contempt for the laws of Queensland, acts which show that the particular person in question believes that 'the laws do not apply to them'.
Drug Driving penalties in Queensland reflect this.
In the instance where a person charged with Drug Driving represents themselves, or appears at court with a lawyer who does not specialise in Qld Drug Driving Law, the Magistrate will only hear a comprehensive set of submissions from the Police Prosecutor, and they will be exposing themselves to greater Qld Drug Driving penalties.
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It is impossible for an unrepresented person, or a lawyer who practices in multiple areas of law, to be as well versed in the Drug Driving penalties and laws of Queensland as a Traffic Court Prosecutor.
Accordingly, if you value your licence, along with the employment and lifestyle which it affords, you too need a specialised Drug Driving & Drug Crime Lawyer.
A first time Drug Driving or Relevant Drug Present offender faces a maximum Qld Drug Driving penalty of a driver's licence disqualification of 9 months, with a mandatory minimum driver's licence disqualification of 1 month for open driver's licence holders, and 3 months for persons driving on a driver's licence which requires a Blood Alcohol Concentration (BAC) of zero.
Drug Driving Work Licence
Open Queensland driver's licence holders charged with Drug Driving or Relevant Drug Present who have not previously lost their driver's licence within the proceeding 5 years will be eligible to apply for a special Drug Driving Work Licence, which will allow them to continue driving for work purposes only during their driver's licence disqualification period.
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That said, simple eligibility does not equate to a successful Drug Work Licence application.
A number of factors need to be thoroughly and comprehensively addressed by way of sworn Affidavit materials, and the fact that a person will suffer financial hardship is only one of them.
Drug Driving Drive Under Influence of a Drug Penalties
The Qld Drug Driving penalties for a first time Drive Under Influence of a Drug offender include a maximum driver's licence disqualification of a lifetime driver's licence disqualification, with a mandatory minimum driver's licence disqualification of 6 months.
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Repeat Drug Driving Penalties
A repeat Drug Driving offender faces up to a maximum driver's licence disqualification of a lifetime driver's licence disqualification, with a mandatory minimum driver's licence disqualification of 3, 6, 9 or 12 months, depending upon the number of previous charges, and the type of Drug Driving offence in each instance.
If within the period of 5 years before such conviction the person has been previously convicted of Drive Under the Influence of a Drug, the person faces Drug Driving penalties including licence disqualification of no less than of 1 year.
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If within the period of 5 years before such conviction the person has been previously convicted more than once of Drive Under the Influence of a Drug, the person faces Drug Driving penalties of MANDATORY IMPRISONMENT and a licence disqualification of no less than 2 years from the date of such conviction.
You v Experienced Traffic Court Prosecutor
When you go to court, you will be facing a Police Prosecutor who practises in nothing but Drug Driving & Traffic Law, all day every day.
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Give yourself the best chance of getting yourself back on the road in the shortest possible timeframe, if not instantly - engage Queensland's only truly specialised Drug Driving & Drug Crime Lawyers - Wiseman Lawyers.
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