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  • Writer's pictureCreevey Horrell Lawyers


Updated: Oct 11, 2022

Can you beat a drug driving charge in Queensland?

Drug driving in Queensland is a common offence. If you are currently charged with drug driving, you may be wondering, “can I beat a drug-driving charge in Queensland?” Here are potential avenues for lessening the severity of your sentence, and what steps are necessary for you to take.

First, if you require urgent assistance, please contact our dedicated 24/7 Crime Hotline on 1800 2746 3529 today to discuss your situation.

“Driving With a Relevant Drug Present” can be charged if any trace of a relevant drug is present in your system. Read more about ‘relevant drugs’ here:

Driving Under the Influence of a Drug” carries a maximum of 9 months imprisonment and/or 28 penalty units. This is equivalent to nearly $4,000 in fines.

This penalty is increased if within 5 years you have been convicted of a previous drug driving offence – bringing 18 months imprisonment and/or 60 penalty units. This is equivalent to nearly $8,300 in fines.

Further, those found guilty may be suspended or disqualified from holding or obtaining a Queensland driver’s licence.

Clearing the Debate – Over the counter/Prescription Drugs

If you have taken over the counter or prescription medication before operating a vehicle and are henceforth pulled over, can you be charged with drug driving or driving under the influence of a drug?

Saliva tests are used to detect illicit substances in a persons’ system (MDMA, Methylamphetamine and THC). At this stage, saliva tests will not pick up prescription medications. However, under certain circumstances, police may require a blood test.

In this instance, the presence of prescription drugs may be detected. This may or may not be an issue depending on the amount detected, and whether driving is not recommended whilst on the substance.

How do you beat a drug driving charge in Queensland?

Charges for drug driving can raise severe stress and anxiety upon those charged. It’s important to be aware of your options in these situations. To accurately determine what defences may be raised it is crucial to obtain the support of a criminal lawyer as soon as possible. They will be able to investigate ways to reduce your sentence.

If you require urgent assistance in Townsville, Brisbane, Roma or Toowoomba please call our dedicated 24/7 crime hotline on 1800 2746 3529.

Work Licences, Special Hardship Licences and Legal Support

If you have fallen victim to a drug driving charge – no matter how severe - you may want to seek legal support. Having access to professional legal advice will greatly aid in your ability to obtain a work or special hardship licence. Certain time limits govern the ability to obtain these licences so it is important to seek legal support at your earliest opportunity.

Legal Representation For Drink Driving And Drug Driving Offences

Get the right representation by contacting Creevey Russell Lawyers today. Phone 07 3009 6555 or email


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