Drug Driving Charges in Queensland
Drink Driving — 2026-07-03 — by Sacha Sarah Smith, Civic Law
Charged with drug driving in Queensland? The two charges, what the police have to prove, the penalties for each, and what you can do about it.
You have been pulled over, asked to provide a saliva sample at the roadside, and tested positive for a drug. Or you have been charged after a blood test came back with a relevant drug in your system. Either way, you are now facing a drug driving charge under the <em>Transport Operations (Road Use Management) Act 1995</em> (Qld) — and you want to know what happens next.
Queensland has two separate drug driving offences, and the difference between them changes everything — the penalties, the licence consequences, and whether a <a href="/work-licence-eligibility">work licence</a> is even available to you. This article sets out both charges, what the police have to prove, the penalties at each level, and what you can do to get the best available outcome.
The Two Drug Driving Charges
The first and more common charge is <strong>driving with a relevant drug present</strong> under section 79(2AA). This is the charge that follows a positive roadside saliva test or a positive blood analysis. The prosecution does not need to prove you were impaired — only that a relevant drug was in your blood or saliva while you were driving. Any detectable amount is enough. It does not matter whether the drug had any effect on your driving at all.
The four relevant drugs tested in Queensland are:
<strong>THC</strong> — the active ingredient in cannabis
<strong>Methylamphetamine</strong> — also known as speed and ice
<strong>MDMA</strong> — the active ingredient in ecstasy
<strong>Cocaine</strong>
The second and more serious charge is <strong>driving under the influence of a drug</strong> under section 79(1). This requires evidence that the drug actually affected your ability to drive — observable signs of impairment, erratic driving, failed field sobriety assessments, or expert evidence about the drug's effects. The prosecution must prove you were under the influence, not merely that a drug was present.
Unlike alcohol — where a BAC of 0.15 or above creates a conclusive presumption under section 79(3) that you were driving under the influence — there is no equivalent deeming provision for drugs. The mere presence of a drug in your system does not prove you were under its influence. That was confirmed in <em>Hay v Commissioner of Police</em> [2016] QDC 358, where the District Court noted there was no evidence of impairment despite MDMA and THC being detected in the driver's saliva.
Penalties — Driving With a Relevant Drug Present
If you are charged under section 79(2AA) — the presence-based offence — the penalties depend on whether this is your first offence or a repeat offence within five years:
<strong>First offence.</strong> Maximum 14 penalty units or 3 months imprisonment. <a href="/articles/will-i-lose-my-licence-for-drink-driving-in-queensland">Licence disqualification</a> of 1 to 9 months under section 86. In practice, a first offence with no crash and no prior traffic history typically results in a fine and a short disqualification — often at the lower end.
<strong>Second offence within 5 years.</strong> Maximum 20 penalty units or 6 months imprisonment under section 79(2F). Disqualification of 3 to 18 months under section 86(2B). A <a href="/work-licence-eligibility">work licence</a> is no longer available because of the prior conviction — section 87(5)(c).