Drug driving representation in Queensland.

If you are convicted of driving with a relevant drug present under section 79(2AA) of the Transport Operations (Road Use Management) Act 1995 (Qld), the court must disqualify for a minimum of one month. For driving under the influence of a drug under section 79(1), the minimum disqualification is six months. The court cannot go below these minimums on conviction. A solicitor can make submissions on the length above the minimum, and on whether a conviction should be recorded at all. Whether a work licence is also available depends on which offence is charged and the prior record.

These are two separate offences. The presence offence under section 79(2AA) of the Act is made out by simple detection of a relevant drug (methylamphetamine, THC, MDMA, or cocaine) in saliva or blood. No impairment is required. The DUI offence under section 79(1) requires the prosecution to prove the drug measurably affected ability to drive. A DUI carries a higher maximum penalty (28 penalty units or nine months imprisonment for a first offence) and a longer mandatory disqualification of six months. It also makes a person ineligible for a work licence under section 87.

A work licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld) is available where there is a conviction for the section 79(2AA) presence offence. It is not available for a section 79(1) DUI drug offence. A person is also ineligible if they have a prior drug or drink driving conviction in the last five years, if their licence was previously cancelled or disqualified (excluding SPER suspensions) in that period, or if they were driving for work at the time. The application must be made at sentencing, before the court formally imposes a disqualification. Once a disqualification is imposed, the opportunity to apply is lost.

No. In Queensland, the presence offence under section 79(2AA) of the Act does not distinguish between THC from a lawfully prescribed product and THC from illicit cannabis. A valid prescription does not create a defence to the presence offence. THC can remain detectable in saliva for up to approximately 30 hours after use. A patient prescribed a THC-containing medicinal cannabis product who needs to drive should speak to the prescribing doctor about the specific product’s detection window. CBD-only products that contain no THC do not trigger the Queensland roadside test.

Refusing to provide a saliva sample is itself an offence under the Transport Operations (Road Use Management) Act 1995 (Qld). The maximum penalty is 20 penalty units (currently $3,338 based on the 1 July 2025 unit value of $166.90) or six months imprisonment, plus a licence disqualification. Refusal does not prevent police from investigating a drug driving offence by other means, and the fact of refusal can itself be relevant in some circumstances. There is no general legal basis to refuse a lawfully requested test.

A drug driving conviction is recorded on the traffic history maintained by the Department of Transport and Main Roads. The conviction is also counted for repeat offence purposes under section 86 of the Act for five years from the date of conviction. In terms of employment, licensing and travel implications, traffic convictions may be disclosed in background checks depending on the type of check conducted. Where the court does not record a conviction under section 12 of the Penalties and Sentences Act 1992 (Qld), the conviction generally will not appear on standard police certificate background checks, though the disqualification still applies.

In limited circumstances. Section 80(16G) of the Transport Operations (Road Use Management) Act 1995 (Qld) permits evidence that the laboratory analysis did not produce a correct result. This might involve challenging the chain of custody of the sample, the laboratory’s accreditation, or its handling procedures. Written notice must be given to the arresting officer at least 14 days before the hearing of any intention to run this argument. Beyond the certificate itself, questions about whether the approved devices were operated correctly and by accredited operators, and whether the statutory testing procedure was followed, can also affect how the prosecution’s evidence is assessed.

Possibly. A drug driving conviction appears on the traffic history and may be disclosed in background checks, depending on the check type and the nature of the employment. Certain sectors, including transport, logistics, security, care work, and licensed professions, often require disclosure of traffic convictions. Government roles and professional registrations may also require disclosure. Where the court does not record a conviction under section 12 of the Penalties and Sentences Act 1992 (Qld), the impact on most standard background checks is reduced. The employment consequences of a conviction are a matter the court may take into account when deciding whether to record one, and this can be addressed in sentencing submissions.