Most people know that driving under the influence of alcohol can lead to serious consequences, especially if you are over the legal blood alcohol limit. This can result in criminal penalties and other legal issues.

However, it is important to understand that Queensland Police have a zero-tolerance approach to drug driving. If drugs are detected in your system while driving, you are breaking the law, regardless of whether the drugs are affecting your ability to drive. There is usually an automatic temporary suspension of your licence, and you may be required to attend court and face criminal penalties.

In recent times, there has been an increase in the use of illicit drugs. Drivers should be just as aware of the risks of driving with drugs in their system as they are of alcohol. This includes being conscious of both the presence of drugs in your body and the potential impact on your ability to drive safely.

With National Road Safety Week recently taking place, Partner Jake Gardiner highlights the importance of road safety. In this article, he discusses the consequences of drug driving and provides guidance on what to do if you have been involved in a motor vehicle accident where drug driving was a factor. 

What is Drug Driving?

Drug driving refers to operating a vehicle while impaired by the effects of drug use. This includes both legal and illegal substances, as they can influence your brain and body by affecting reaction times, judgment, perception, attention, and motor skills. These impairments significantly increase the risk of accidents, putting both the driver and others on the road in danger.

Even prescription and over the counter medications can impair your ability to drive safely. For example, it is not recommended to drive after taking medications that cause drowsiness, slowed reaction times, or other side effects that may affect your driving performance.

How Long Do Drugs Stay in Your System?

Similar to random breath testing for alcohol, police officers can conduct roadside saliva tests to detect the presence of certain drugs in your system. These tests may occur at random breath testing sites, designated drug testing locations, or if a police officer has reason to suspect that you are driving under the influence of drugs.

Roadside drug tests are designed to detect the presence of the following substances:

• Methylamphetamine (commonly known as Ice or Speed)
• MDMA (Ecstasy)
• THC (the active component in Cannabis)
• Cocaine

It is important to understand that even after the noticeable effects of a drug have worn off, traces of the substance can remain in your system and be detected. Detection times vary depending on several factors, including the type and potency of the drug, the person’s body weight and size, their level of tolerance, and whether the drug was taken in combination with other substances.

Costly Drug Driving Mistakes

Driving under the influence of drugs can have serious financial consequences. Most property damage insurance policies become void if you are found to be under the influence of drugs or alcohol at the time of an accident. This means your insurer is unlikely to cover any costs, leaving you personally responsible for all expenses related to the damage, including your own vehicle and any other vehicles involved. This could result in you being tens of thousands of dollars out of pocket.

In addition to financial penalties, being charged with drug driving carries significant legal consequences. A magistrate may disqualify you from driving for a minimum of six months, impose fines, and sentence you to a term of imprisonment.

Repeat offences attract even harsher penalties, with courts likely to issue more severe convictions.

The Responsibility of Sober Driving to Prevent Motor Vehicle Accidents

If you are unsure how a drug may affect your ability to drive, it is always safer to consider other options such as getting a lift from someone, using public transport, or arranging alternative transportation. It is important to remember that it is not only prescription medications that can impair your driving. Over-the-counter medicines and herbal remedies, including those available in supermarkets, can also have an impact. Always read the warning labels and, if you are uncertain, seek advice from a medical professional.

From 11 May to 18 May, Australia recognises National Road Safety Week. This annual initiative is led by the Safer Australian Roads and Highways Group in partnership with government agencies and road safety advocates. The week aims to raise awareness about the devastating impact of road trauma and the steps we can take to reduce it. Each year, more than 1,300 people lose their lives and over 40,000 suffer serious injuries on our roads.

National Road Safety Week provides an opportunity to reflect on the lives affected by road trauma. A motor vehicle accident can happen to anyone, and the consequences can be life changing even if the person involved is not at fault.

Driving under the influence of drugs continues to be a major cause of serious accidents. At Evolve Legal, our Motor Vehicle Accident Lawyers have seen the devastating effects these incidents can have on individuals and families. Pursuing compensation is often an important step in helping people rebuild their lives after such traumatic events.

How Evolve Legal Can Support You with a Motor Vehicle Accident

If you have been injured in a motor vehicle accident, whether or not drugs were involved, you may be entitled to compensation. These accidents can lead to expensive treatment and affect your ability to work or plan for the future.

At Evolve Legal, we understand that building a strong case is complex. Insurance companies are unlikely to explain everything you may be able to claim. Going it alone can leave you worse off.

To make legal help more accessible, we offer a No Win, No Fee arrangement. If we do not secure compensation for you, you do not pay our professional fees. This allows you to get legal advice and start your claim without worrying about upfront costs.

We also do not charge any extra fees, including common “uplifts” on professional fees. Our fees are clear from the beginning, so you will know exactly what to expect.

We offer a free consultation to find out if you have a valid claim. Contact us today to speak with one of our experienced motor accident compensation lawyers