Drug Driving Lawyer Brisbane
Drugs detection windows vary wildly. In Queensland, even a trace amount of a "relevant drug" can lead to mandatory disqualification. We help you navigate the charge and minimize the impact on your livelihood.
Common Drug Driving Charges
Queensland law primarily identifies two distinct offences. Understanding which one you are charged with is critical for your defence strategy.
1. Presence of a Drug
Driving while a "relevant drug" (Cannabis, MDMA, Ice) is present in your saliva or blood. No impairment needs to be proven. This is a strict liability offence.
2. Under the Influence (DUI)
Driving while your ability to control the vehicle is actually impaired by a drug. This carries significantly higher penalties and often involves blood analysis.
Detection Windows Matter
Cannabis (THC) and Methylamphetamine can remain detectable in saliva for 24+ hours, and in blood for days. You can feel perfectly sober and still test positive.
What Happens Next?
If you've been charged, the process typically follows these steps:
Notice to Appear
You will receive a notice with your court date (usually 2-4 weeks away). Your licence is often suspended immediately for 24 hours.
Legal Assessment
We review your QP9 (police facts) to check for procedural errors in the testing process or grounds for a "Work Licence" application.
Court Appearance
We attend court with you. For a guilty plea, we present character references and arguments to minimize the disqualification period.
How We Minimize Your Penalty
Magistrates have discretion in sentencing (above the mandatory minimum). Our role is to humanize you to the Court.
- Work Licence Application: If eligible, we apply for a Restricted Work Licence so you can keep earning an income.
- Character References: We guide you on gathering strong references that show this was an isolated mistake.
- Completion of Courses: We may recommend the QTOP traffic offenders program to show rehabilitation.
Brisbane Court Readiness
Attending Brisbane Magistrates Court or Holland Park? Be prepared:
- Arrive 30 minutes early to find your name on the list.
- Dress conservatively (suit or business attire).
- Bring 3 copies of your references.
Frequently Asked Questions
Yes, but only for certain charges (e.g., Presence of Drug). If you are charged with "Under the Influence" (DUI) or if you were suspended at the roadside, you may not be eligible. We can check this instantly.
Driving with "relevant drugs" is an offence regardless of prescription status in Queensland. However, for "Under the Influence" charges, a medical defence might apply. This is complex and requires legal advice.