DRUG DRIVING

In Queensland, drug driving is a criminal offence under the Transport Operations (Road Use Management) Act 1995 (Qld). The law takes a zero‑tolerance approach - you can be charged even if you are not visibly impaired.

There are two main offences:

- Driving with a relevant drug present in your saliva or blood — currently THC (cannabis), MDMA (ecstasy), cocaine, or methylamphetamine (ICE).

- Driving under the influence of a drug (DUI) — where the drug has affected your ability to safely control a vehicle.

Both offences carry serious penalties, including fines, licence disqualification, and in some cases imprisonment. The legislation is designed to deter unsafe behaviour and protect the community.

Random Roadside Drug Testing

Police in Queensland conduct random roadside saliva tests to detect relevant drugs. These tests are quick, mobile, and can be carried out anywhere - meaning drivers may be tested without warning.

A positive test can lead to the immediate suspension of your licence and a mandatory court appearance. This can have serious consequences for your work, family responsibilities, and freedom.

Why Legal Advice Matters

Queensland’s drug driving laws are strict. One roadside test is enough to cost you your licence and send you to court. If you’ve been charged with drug or drink driving in Cairns or anywhere in Queensland, getting legal advice immediately is the best way to understand your options, protect your rights, and minimise penalties.

Under the Transport Operations (Road Use Management) Act 1995 (Qld), there are two main drug driving offences:

- Driving with a relevant drug present – This applies when THC (cannabis), MDMA (ecstasy), cocaine, or methylamphetamine (ICE) is detected in your saliva or blood. Proof of impairment is not required — the presence of the drug alone is enough to be charged.

- Driving under the influence of a drug (DUI)- A more serious offence where a drug has affected your ability to safely control a vehicle. Police may rely on driving behaviour, physical signs of impairment, or medical evidence to prove the charge.

Both offences carry serious penalties, including licence disqualification, fines, and in some cases imprisonment. The law is designed to deter unsafe behaviour and protect the community, but for individuals charged, the consequences can be life‑changing.

Queensland recognises these two offences -  one based on drug presence, the other on impairment. Either can take away your licence and put you before the court. If you’ve been charged with drug or drink driving in Cairns or anywhere in Queensland, getting legal advice early is essential to protect your rights, minimise penalties, and safeguard your future.

In Queensland, if you are charged with drug driving, police can issue an immediate licence suspension on the spot. From the moment you receive the notice, you are legally prohibited from driving - even before your matter is finalised in court.

This suspension usually stays in place until your case is heard. In limited circumstances, you may apply for a section 79E special hardship order, which allows restricted driving, but strict eligibility rules apply.

For many people, the sudden loss of a licence impacts employment, family responsibilities, and daily life. If you’ve been charged with drug or drink driving in Cairns or anywhere in Queensland, urgent legal advice is essential. Acting quickly gives you the best chance to challenge the suspension or apply for limited driving privileges to protect your ability to work and support your family.

In Queensland, drug driving offences are prosecuted under the Transport Operations (Road Use Management) Act 1995 (Qld). What police must prove depends on the charge:

- Driving with a relevant drug present-Police only need to show that a “relevant drug” (THC, MDMA, cocaine, or methylamphetamine/ICE) was detected in your saliva or blood. They do not need to prove your driving was impaired.

- Driving under the influence of a drug (DUI)- Police must prove that a drug impaired your ability to safely control a vehicle. Evidence may include your manner of driving, physical symptoms, roadside observations, or medical reports.

Because Queensland applies a zero‑tolerance standard, even trace amounts of a relevant drug can lead to a charge. This low threshold means your licence, record, and future may be at risk after a single roadside test.

If you’ve been charged with drug or drink driving in Cairns or anywhere in Queensland, getting legal advice immediately is critical. A lawyer can explain the case against you, identify whether police followed correct procedures, and help protect your rights while working to minimise penalties.

Queensland’s zero‑tolerance drug driving laws are strict, but there are limited situations where a defence may apply. The prosecution must prove the charge beyond a reasonable doubt, and if they fail, the case may not stand.

Recognised defences include:

- Testing or procedure errors – where police fail to follow correct roadside or laboratory processes.

- Not in charge of the vehicle – if you were not driving or legally in control at the time.

- Honest and reasonable mistake – for example, unknowingly consuming a substance containing a relevant drug.

- Prescription or medical issues – if the detected substance was lawfully prescribed and taken as directed (though this area is complex and requires legal assessment).

Because the threshold for a charge is low - even trace amounts of a relevant drug can be enough - it is vital to have a lawyer review the evidence. Drug driving defences in Queensland are rare and technical, but where possible, legal representation can test the evidence and work to reduce the impact on your licence, record, and future.

If you’ve been charged with drug or drink driving in Cairns or anywhere in Queensland, getting legal advice immediately is the best way to understand your options and protect your rights.

In Queensland, drug driving charges bring immediate consequences: on‑the‑spot licence suspension, heavy penalties, and a mandatory court appearance. With zero tolerance, even trace amounts of a relevant drug can lead to conviction, making expert legal advice essential.

At Coral Coast Law in Cairns, we can:

- Check police procedure: Review roadside and laboratory testing for errors.

- Assess defences and mitigation: Identify valid defences or circumstances to reduce penalties.

- Protect your ability to drive: Advise on eligibility for a restricted/work licence.

- Advocate for better outcomes: Work to minimise disqualification periods, fines, and other penalties.

Acting quickly matters. Once the court disqualifies you, the opportunity for a work licence may be gone. If you’re facing drug or drink driving in Cairns, get legal advice immediately to protect your licence, livelihood, and future.

Facing a drug or drink driving charge in Cairns or anywhere in Queensland can feel overwhelming-your licence, job, and reputation are all at risk. At Coral Coast Law, we provide clear legal advice and strong representation to help you achieve the best possible outcome.

We can assist by:

- Reviewing police evidence - checking for errors in roadside or laboratory testing.

- Advising on options - including eligibility for a restricted/work licence.

- Preparing persuasive submissions - to minimise penalties and protect your driving future.

- Supporting you throughout the process - so you never face court alone.

Our focus is on protecting what matters most: your licence, livelihood, and future. A drug driving or drink driving charge in Cairns doesn’t have to derail your life. Coral Coast Law can challenge the evidence where possible, guide you through the court process, and fight to reduce the impact on your record and your ability to drive.