Clarity Law -

South East Queensland's most experienced traffic law firm

Monday, 07 September 2015 19:08

Drug Driving on Synthetic Drugs

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Driving whilst under the influence of a drug is illegal in Queensland and this includes synthetic drugs.

Synthetic drugs are designed to mimic the effects of regular drugs, alter your mind, and therefore affect your ability to drive in the same way.

There is currently a blanket ban in Queensland on the possession and/or sale of synthetic drugs or any substance that is designed to have a psychoactive effect other than alcohol.

Currently Queensland police are able to take swabs at the roadside of a person’s salvia to see whether illegal drugs have been consumed.  This drug test however only tests for marijuana, methamphetamines and MDMA.  It is likely that a person who consumed a synthetic drug would pass this test.

If you are drug tested and pass the Police, if they reasonably believe you are affected by drugs they are still able to order you to undergo a blood test. If you refuse you may be charged with failing to provide a specimen and drug driving. Failing to provide a specimen charge will result in a more severe penalty than a high reading.

One major issue with being charged with drug driving with a synthetic drug in your system is that you will be considered to be driving under the influence this means that;

  • You face a minimum of 6 months disqualification of your licence
  • You cannot apply for a work licence
  • A conviction being recorded may affect your ability to easily travel to another country especially the USA and Canada.

One bizarre outcome of the legislation is that often people caught by the salvia test with MDMA, Marijuana or methamphetamines can be charged not with driving under the influence but with driving with a relevant drug in the system and if that is done a person faces a minimum of 1 month disqualification and they can apply for a work licence.

If you have a drug charge then please contact us for more information or visit our drug driving page

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