You can be pulled over by Queensland police officers at random for a roadside saliva test to detect the presence of any drugs. These tests are used to detect the following substances:
- Methylamphetamine (also referred to as ice or speed)
- MDMA – the active ingredient found in ecstasy
- THC – the active ingredient in cannabis
Process of Roadside Drug Testing
If you have been pulled over by police to provide a roadside drug test, it will usually take 3 to 5 minutes to produce a result. If you cannot provide a saliva sample, you may be required to provide a blood sample for police to test.
If your result returns as negative, it means that there were no drugs detected, and you will be able to leave.
If you result returns positive, you will then be asked to provide a second saliva test to ensure the result was accurate. If the second test also returns positive, the test samples will then be further analysed at a laboratory.
The saliva test results may be affected by factors such as:
- The type of drug taken
- How often the drug use is
- Quantity of drug
- Quality of drug
- Period of time passed since taking the drug
Penalties of Drug Driving
In Queensland, there is a zero tolerance for drug driving, which means that if there is any trace of a drug in your system, you can be penalised. If your saliva test was positive, your driver licence will be suspended for 24 hours.
If you are charged with ‘Driving with a relevant drug present’, but you have no other pending drug driving charges, your drivers licence will remain valid until the matter has been dealt with in court.
However, if you do have pending drug driving charges and you are then charged with drug driving, your driver licence will immediately be suspended until your court date.
For a charge of drug driving, the Magistrate may:
- Disqualify you from driving between 1 to 9 months
- Impose a maximum term of imprisonment of up to 3 months
- Fine you up to $1,929
If the police allege you were under the influence of an intoxicating substance (which can include drugs) due to the high levels returned in the result, your manner of driving or your demeanour when speaking to police, you will be charged with the offence of Driving under the Influence of Liquor and/or Drug which is treated the same as a high range drink driving offence. Your licence will be immediately suspended and the court will disqualify your licence for at least six months. At the end of that period you will be subject to the interlock device conditions.
This post contains general advice only and is not intended as legal advice.
