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  • Writer's pictureSam Kuhn


It’s a criminal offence to drive a motor vehicle while under the influence of drugs or alcohol. While many are aware of this fact, there is not a solid understanding of exactly what penalties you could be facing.

Remember, if you are currently facing a drug or drink driving charge (DUI) and wish to lessen the severity of the penalties at hand, get in touch with a professional criminal law firm as soon as possible.

Queensland holds a zero-tolerance policy when it comes to drug driving. So, if you have been pulled over for a random saliva test and return a positive result for drugs present in the system, there will be no room for excuses.

The two most common drug driving charges you could be faced with are:

• Driving while relevant drug is present in blood or saliva; or

• Driving under the influence of drugs.

Those who are unaware of the law may not be able to discern the variables between these two offences.

‘Driving while relevant drug is present in blood or saliva’, is a commonly charged offence in Brisbane. Essentially, if you are found to be in charge of a motor vehicle and have tested positive for a drug in your system – even if you are no longer affected by said drug – you can be charged. Penalties include a minimum one-month license suspension and fine.

Second, ‘Driving under the influence of drugs’ is a more serious offence. This is reserved for the case where persons are seen to be notably and seriously affected by a substance whilst having control of a motor vehicle. This carries with it much heavier penalties, with a minimum 6-month suspension of your licence.

Common implications for ‘Driving While Relevant Drug is present’

Each individual will metabolise and process drugs at a different rate. In many of the cases where this offence is charged, the offender has long since ingested the drugs and are no longer, ‘inebriated’ by its’ effects. It’s understandable then, for many drivers who have been charged under this account, to feel discouraged and/or at a loss. If you find yourself in this position, please do not hesitate to contact our professional team for the best plan forward.

Drug Driving Lawyers in Brisbane

Those who have been charged for Drug Driving in Brisbane are urged to seek professional advice from a professional lawyer as soon as possible.

Having representation for such matters greatly increase your chances in court for a reduced sentence and we can help determine if you are eligible for a special license. At Creevey Russell Lawyers, based in Brisbane, Roma and Toowoomba- our team are well equipped to give you the helping hand you need.

Speak to our team today to discover more. Phone 07 3009 6555 or email, we’re always ready to talk about ways we can help.

Creevey Russell Lawyers, Brisbane, Toowoomba and Roma

The expert team is fully equipped in all areas of the law, to provide you with the best support, representation and legal advice you need to see you through your current situation.

Our clients might come for our team, which has the insight, tenacity, and knowledge to efficiently and cost-effectively resolve almost any legal issue. But they stay for the service: at Creevey Russell we’ll listen, we’ll understand, and we’ll look after you throughout the journey towards resolution.


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