Queensland tests for three drugs at roadside — and the offence is based on presence, not impairment. You can be charged even if you were not affected. Here is everything you need to know about QLD drug driving laws.
Queensland has two distinct drug-related driving offences under the Transport Operations (Road Use Management) Act 1995 (TORUM). They carry different penalties and have different eligibility for a Work Licence.
The less serious offence. A positive roadside saliva or blood test is sufficient. No impairment needs to be demonstrated. Governed by section 79(1B) of the TORUM Act.
Work Licence may be available if eligibility criteria are met.
The more serious offence. Requires police to demonstrate actual visible impairment — erratic driving, slurred speech, poor coordination. Carries the same penalties as high range drink driving.
Work Licence is not available for this offence.
Queensland roadside saliva tests screen for three substances, known as “relevant drugs” under the TORUM Act:
THC can remain detectable in saliva for up to 12 hours or longer in frequent users. Queensland drug driving law does not require impairment — just the presence of the substance. You can be charged even if you used cannabis the previous day and felt completely unaffected while driving.
| Offence Type | Instance | Max Imprisonment | Min Disqualification | Work Licence |
|---|---|---|---|---|
| Drug Present (less serious) | 1st | 3 months | 1 month | Possibly eligible |
| 2nd+ | 6 months | Longer | Less likely | |
| DUI of Drug (more serious) | 1st | 9 months (28 penalty units) | 6 months | Not available |
| 2nd | 18 months (60 penalty units) | 1 year | Not available | |
| 3rd+ | Mandatory imprisonment | 2 years | Not available |
Whether it is a drug-present charge or the more serious DUI of drug, preparation makes a real difference. The QLD Plea Program covers character references, submission, and the complete court process.