Defending Drug Driving Charges and Restoring Livelihoods.
Put your worries to rest knowing you are defended by Donnelly Law Group – specialist drug driving lawyers with 50+ years of combined experience fighting drug driving charges in Queensland.
Daily, we help people attain the best possible outcome in their drug driving matters – helping them get their licence and livelihood back sooner. Regardless of whether you have no prior convictions or multiple prior convictions, a drug driving lawyer can help you get back on the road as soon as possible.
Our drug driving lawyers have built a proven track record by combining personal support with legal expertise. We get to know you personally so that we can provide advice on the practical steps and driver programs you need to undertake for a winning chance in court. This relationship also gives us the insight we need to tailor your personalised defence strategy – one that takes full advantage of your case’s unique evidence and mitigating factors for the best possible result.
Our Lawyers Specialise in Drug Driving Offences
- Driving With a Relevant Drug in Saliva or Blood
- Driving Under the Influence of Drugs
- No Prior Drug Driving Convictions
- One Prior Drug Driving Conviction
- Two or More Drug Driving Convictions
- Cannabis and THC Drug Driving
- Cocaine Drug Driving
- Methylamphetamine Drug Driving
- MDMA Drug Driving
- All Drug Driving Related Offences
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Our Legal Strategy in Drug Driving Matters.
The specialist traffic lawyers at Donnelly Law Group use a two-pronged approach to achieve the best possible outcome in your drug driving matter.
Firstly, we expertly analyse the evidence in your case (including the relevant drugs, when and why the drugs were taken, control of the vehicle and more). We also scrutinise how your matter has been handled by law enforcement (including the drug testing equipment used, unlawful police procedure, and more). Any one piece of evidence may give rise to a legal defence and help us tailor a winning strategy.
Secondly, our drug driving lawyers get to know you and your circumstances through open and honest conversation. In some cases, we may arrange for you to undertake practical measures and driver programs that benefit your defence. This helps us prove to the magistrate that you are unlikely to offend again. It also aids your application for a restricted work licence (should you wish to apply).
By using a combined approach of legal strategy and rehabilitation, Donnelly Law Group is often able to argue that no conviction should be recorded and penalties should be minimised.
- Workers worried about their licence and career.
- Parents and carers who need to drive loved ones.
- Drivers who took prescription or over-the-counter drugs.
- Drivers who took drugs days or weeks before driving.
- Truck, bus and taxi drivers.
- Drivers with no prior convictions.
- Drivers with one or more prior convictions.
- People who made an honest mistake.
- People who are anxious about their criminal record, as it can lead to complications when applying for jobs, travel visas, child adoption, legal aid, and certain types of insurance.
- People concerned about their public image.
Our Personal Support System in Drug Driving Matters.
Donnelly Law Group understands how stressful and embarrassing it can be to be charged with drug driving. We make this turbulent period in your life as easy and stress-free as possible with our personal support system.
Our drug driving lawyers ensure that you are kept up to date throughout the entire legal process with regular and clear communication. Should you have any questions, we are always here to provide answers and guidance. Plus, we will supply you with step-by-step guides on the role you will play in the process.
The personal support we offer also plays a vital part in shaping your legal defence. Should you want to plead guilty, our drug driving lawyers will help you arrange any practical measures and traffic programs necessary to prove to the magistrate that you are unlikely to offend again. This also helps us demonstrate to the court how crucial your licence is to your career and family.
We genuinely care and want to attain the best possible outcome for you – both in the courtroom and in your personal life.
FAQs.
What should I do if the police want to test or talk to me about a drug driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence, and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements, or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Can I be charged with drug driving after the event?
In Queensland, the police can require you to conduct a saliva or blood test within 3 hours of you driving or being in charge of a motor vehicle.
However, the test must be conducted under procedural law.
If you have been charged with drug driving after the event, contact Donnelly Law Group now to book your free consultation with our specialist drug driving lawyers.
Do I need a lawyer for a drug driving offence?
Having defended and witnessed thousands of drug driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a traffic lawyer who specialises in drug driving offences.
Our drug driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate so that you attain the best possible result.
People who do not engage the help of a specialist drug driving lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of drug driving lawyers will collaboratively research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers drug driving offences in Queensland?
In Queensland, drug driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What are the penalties for drug driving in Queensland?
- Driving with a relevant drug present in the saliva or blood (lesser penalties)
- Driving under the influence of a drug (higher penalties)
| Offence | Minimum Disqualification Period | Maximum Fine Amount | Maximum Prison Sentence | Immediate Licence Suspension | Can apply for work licence? |
|---|---|---|---|---|---|
| Driving with a relevant drug present | 1-9 months | 14 penalty units | 3 months | 24 hours | Yes (strict criteria must be met). |
| Driving under the influence of a drug | 6 months | 28 penalty units | 9 months | Until charge is finalised in court or discontinued. | No. |
| Repeat drug driving offences (within a 5-year period) | 1-2 years | 60 penalty units | Determined by the court. | No. |
In Queensland, the driver’s criminal history and driving history are key factors when sentencing someone for a drug driving offence. Drivers who commit repeat drug driving offences face higher penalties.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each drug driving offence.
How long will my licence be immediately suspended after drug driving?
People charged with “Driving with a relevant drug present in saliva or blood” will have their licence immediately suspended for 24 hours after testing positive. After that time, if you have no other pending drug driving charges, your driver’s licence will remain valid until the charge is finalised in court or discontinued.
People charged with “Driving under the influence of a drug” will have their licence immediately suspended until the charge is finalised in court or discontinued.
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today and book your free consultation with one of our specialist drug driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of drug driving?
If you are charged with drug driving, you cannot simply ask the magistrate for a work licence. To get a work licence you need to apply in writing to the Magistrates Court and convince the Magistrate by providing a lot of detailed information.
In Queensland, you can only apply for a work licence if you were charged with “driving with a relevant drug present in your saliva or blood”. You can not apply if you were charged with the more serious offence of “driving under the influence of drugs”.
To apply to the Magistrates Court for a work licence, you must also meet the following requirements at the time you were caught drug driving:
- You held a current Queensland open driver’s licence for the vehicle you were driving;
- You weren’t driving for your job;
- You weren’t already driving under a work licence;
- You weren’t driving a vehicle that required you to have nil alcohol in your breath or blood (e.g. a coach or heavy vehicle); and
- At the time of applying for a work licence, you hold a current Queensland open or provisional drivers licence;
- In the last 5 years, you haven’t:
- Been convicted of drink or drug driving or a similar offence;
- Been convicted of dangerous driving in Queensland;
- Had a licence suspended or disqualified (further conditions apply).
Even if you meet all of the above eligibility requirements, you still must:
- Prove to the Magistrate that you are a “fit and proper person”;
- Prove to the Magistrate that without a work licence, you and your family will suffer extreme hardship because you will be deprived of your means of earning a living.
See our page on Work Licence Applications for more information on work licence restrictions and the application process.
Donnelly Law Group takes the stress and complication out of applying to the Magistrates Court for a work licence. Contact us today and book your free consultation with a specialist drug driving lawyer.
Are there any legal defences to drug driving charges?
Yes, there are legal defences available in drug driving matters in Queensland. Defences may include mistaken identity, the driver was not in charge of the vehicle, police procedural mistakes, and more.
Donnelly Law Group’s specialist drug driving lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for drug driving matters?
A lot of people believe that they cannot afford to hire an expert drug driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference, or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving, domestic violence matters, and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
