In Queensland, drug driving offences are governed by the Transport Operations (Road Use Management) Act 1995 (TORUM). These laws outline two main categories of drug-related traffic offences — each carrying serious penalties that can affect your licence, employment, and criminal record.
At Boorman Lawyers, our Traffic Law team regularly represents drivers facing drug driving charges across Queensland, including Driving Under the Influence (DUI) of a Drug and Driving with a Relevant Drug Present.
1st Category - Offence of Driving Under the Influence (DUI) of a Drug QLD
The more serious of the two offences is Driving Under the Influence of a Drug (DUI). This applies where police believe the driver was visibly or physically impaired due to drugs. Evidence can include erratic driving, slurred speech, poor coordination, or unusual behaviour. A confirmed positive test for a relevant drug supports the charge.
This offence is comparable to High Range Drink Driving, carrying similar maximum penalties and disqualification periods. It is prosecuted under section 79(1) of the TORUM Act.
Penalties for Driving Under the Influence (DUI) of Drug QLD
1st Offence of DUI of a Drug:
Maximum penalty: 9 months imprisonment and/or 28 penalty units.
Minimum licence disqualification: 6 months, with the Court able to extend this depending on the seriousness of the offence.
2nd Offence of DUI of a Drug:
Maximum penalty: 18 months imprisonment and/or 60 penalty units.
Minimum disqualification: 1 year, with higher penalties possible for aggravating circumstances.
3rd or Subsequent Offence of DUI of a Drug:
Maximum penalty: 18 months imprisonment and/or 60 penalty units.
Courts must impose a term of imprisonment — though this may be suspended or served in full.
Minimum disqualification: 2 years (can be increased at the Magistrate’s discretion).
Indefinite Disqualification Period:
Courts have discretion under section 86 TORUM to disqualify a driver indefinitely, even for a first offence in rare cases.
Cumulative Disqualification Periods:
All disqualifications are served cumulatively — each period begins after the previous one ends. This ensures that multiple offences result in longer overall disqualification periods.
2nd Category - Offence of Driving with a Relevant Drug Present
The second offence category is Driving with a Relevant Drug Present. This is less serious but far more common. It applies where a driver tests positive for a drug — whether or not they were impaired. Police can establish this through roadside saliva or blood tests.
This offence is prosecuted under section 79(2AA) TORUM and is a strict liability offence — meaning the prosecution does not need to prove impairment, only that a relevant drug was present in your system.
Penalties for Driving with a Relevant Drug Present
Penalties are comparable to Low Range Drink Driving offences. The court may impose fines, convictions, licence disqualifications, or even jail for repeat offenders.
1st Offence:
Maximum penalty: 3 months imprisonment and/or 14 penalty units.
Minimum licence disqualification: 1 month.
2nd Offence:
Maximum penalty: 6 months imprisonment and/or 20 penalty units.
Minimum disqualification: 3 months.
3rd or Subsequent Offence:
Maximum penalty: 9 months imprisonment and/or 28 penalty units.
Minimum disqualification: 6 months.
All sentences are cumulative.
Contact Our QLD Drug Driving Lawyers
Drug driving laws in Queensland are complex. If you’ve been charged, it’s critical to obtain advice early. Boorman Lawyers can review your evidence, assess potential defences, and represent you in Court anywhere across Queensland.
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FAQs – QLD Drug Driving Offences
What is the difference between DUI of a Drug and Driving with a Relevant Drug Present?
DUI of a Drug requires proof of impairment, while Driving with a Relevant Drug Present only requires a positive test result — even without signs of impairment.
Can prescription medication cause a drug driving charge?
Yes. Some prescription medications such as Methadone or Pethidine can return a positive drug test even if lawfully prescribed.
Can I lose my licence for a first drug driving offence?
Yes. Even for a first offence, courts must impose at least a 1-month disqualification for driving with a relevant drug present, and 6 months for a DUI of a drug.
Are drug driving penalties cumulative?
Yes. Under section 86 of the TORUM Act, disqualifications for multiple offences run consecutively, not concurrently.
Where can I find the full Queensland drug driving laws?
See the Transport Operations (Road Use Management) Act 1995 for all relevant sections including s.79 and s.86.
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