Tested positive at the roadside, or charged with drug driving? There are two very different drug driving charges, and which one is on your paperwork decides almost everything, including whether you can keep driving for work. Talk to Joseph Rahim about where you stand.
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Queensland has two drug driving offences, and they are treated very differently. Both are criminal offences under the Transport Operations (Road Use Management) Act 1995 (Qld). They are dealt with in the Magistrates Court. If you were charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street, and your paperwork shows the court and date. Cairns Magistrates Court guide for your court date.
This is the saliva charge. The only question is whether one of the tested drugs was in your system. How much was there, and whether it affected your driving, do not matter for this charge, because the law is zero tolerance.
The roadside test looks for four drugs: methylamphetamine (speed and ice), MDMA (ecstasy), THC (cannabis) and cocaine.
This is the more serious charge. It is about your ability to drive being affected, and it usually involves a blood sample rather than saliva.
The practical gap is large. A work licence can be available for a drug present charge. It is not available for driving under the influence.
From 1 December 2026. The maximum fine for driving with a relevant drug present doubles (the maximum term of imprisonment does not change). Where a court deals with a matter by way of a fine, the fine has to be at least a set minimum. The shortest disqualification for a first offence on an open licence gets longer. And driving with a drug present and alcohol over the limit at the same time becomes a combined offence, with extra disqualification and no work licence. New drug driving laws in QLD from 1 December 2026.
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Most of what decides how this ends is settled before you walk into court, and things usually happen in this order.
You give a saliva sample and the result comes back in a few minutes. If it is positive, you give a second sample. If that is also positive, the samples go to a laboratory.
A positive roadside test suspends your licence for 24 hours on the spot, whether or not you are later charged. Do not drive during that time.
A drug present charge does not by itself suspend your licence after that first day. If you already have another charge pending, your licence is suspended straight away.
The magistrate deals with the penalty, decides whether to record a conviction, and disqualifies you for a period within the range the law sets. A work licence, if it is open to you, has to be ready before that day.
It depends on which charge you face. A work licence is decided by the magistrate when you are convicted, so the application has to be ready before your court date.
The eligibility rules are strict and can rule you out for reasons that have nothing to do with drugs, such as being on a licence that requires a zero alcohol reading at the time, driving for work when it happened, or a licence suspension, cancellation or disqualification in the previous five years. Work licence and hardship applications.
Refusing the roadside screening test is one offence. Failing to provide a specimen for analysis, after a police officer has required it, is a separate and more serious one, and it is treated the same as driving under the influence, with no work licence. Check which one is on your paperwork before assuming anything.
Queensland’s zero tolerance approach applies whether or not you hold a lawful prescription, including for medicinal cannabis. Feeling sober, or having used days earlier, does not answer a drug present charge either, because the charge depends on the drug being present in your system.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
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A positive roadside test suspends it for 24 hours. If you are convicted you are disqualified, for a period the magistrate sets within the legal range.
Yes, both charges are. Whether a conviction is recorded on your criminal history is a separate decision for the magistrate.
For a drug present charge, no. The charge is about whether the drug was in your system, not whether it affected you.
No. The zero tolerance approach applies even with a lawful prescription, including for medicinal cannabis.
Methylamphetamine (speed and ice), MDMA (ecstasy), THC (cannabis) and cocaine. Roadside drug testing in QLD and what happens next.
Possibly, for a drug present charge if you meet the eligibility rules. Not for driving under the influence, or for the combined drug and alcohol offence.
Imprisonment is within the range for these offences, but nobody can tell you the outcome in advance. Preparation before court is what you can control.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
