Hi there. In Queensland, there are two types of ‘drug driving’ offences. The first is for driving whilst under the influence of a drug. A person will commit this offence if a drug measurably affects their ability to operate a motor vehicle. The penalty imposed by a court can include disqualification from driving for up to 6 months, a fine of up to $3,413 and/or a term of imprisonment for up to 9 months. Repeat offenders face more serious penalties.

The second type of drug driving offence is for driving whilst a ‘relevant drug’ is in your system. ‘Relevant drugs’ include all illicit substances and some prescription medications. The penalties include disqualification from driving for between 1 and 9 months, a fine of up to $1,706 and/or a maximum term of imprisonment of 3 months. Again, repeat offenders face higher penalties.

It is not clear whether you have been charged with one or two drug driving offences. In any case, you are likely to face a penalty when the matter is dealt with by a court. The exact nature of the penalty and its severity will depend on many factors, such as the seriousness of the offence, the circumstances in which it occurred and any prior offences. In sentencing an offender, a court must follow similar cases and sentencing guidelines so that an appropriate punishment is handed down. However, the court must also take into account the personal circumstances of an offender (job status, income, health, carer or parental responsibilities, etc) and how a penalty would affect these circumstances.

When it comes time to decide on an appropriate sentence, the court will allow you to make statements and give evidence (including any supporting documentation) about your personal situation and the impact of certain penalties (such as disqualification from driving). The court will take this information into account before giving you an appropriate sentence.

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