Drug Driving

Drive with Illicit Drug Present in Blood

Drive with an Illicit Drug Present in Blood can result in a conviction and loss of licence. However, we’re here to help.

Will I get a criminal record for driving with illicit drug present in blood?

This is a fine only offence. In other words, you cannot go to jail. However, if you are convicted, the offence may show on your criminal record.

A conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

  • The circumstances of the offence
  • Your criminal history
  • Your traffic history
  • Completion of the Traffic Offenders Program
  • And your personal circumstances.  
 

Will I lose my licence?

You will lose your licence if you are convicted. Generally, the automatic disqualification period will apply.

However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving with Illicit Drug Present in Blood

If it’s a first offence, it’s possible for police to issue a penalty notice. In other words, you are not required to attend court. As a result, you’ll receive a $572 fine and a 3 month suspension of your licence. 

If you received a Court Attendance Notice, the maximum penalty varies depending on whether the charge is a first offence, or a second or subsequent offence

First Offence

  • Maximum fine of $2,200
  • Automatic disqualification period of 6 months
  • Minimum disqualification period of 3 months

Second Offence

  • Maximum fine of $3,300
  • Automatic disqualification period 12 months
  • Minimum disqualification period of 6 months 

We can help

Our lawyers are experts in representing offenders charged with traffic offences. Our commitment is to help you obtain the best possible outcome for your case.

Contact us today on 0421 700 497 for a free initial consultation. 

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Drive Under the Influence of Drugs or Alcohol

Drive Under the Influence of Drugs or Alcohol (DUI) is a serious charge. As a result, you could receive a criminal conviction.

Read our article for more information. Alternatively, you can call us for free advice.

Will I get a criminal record for DUI?

The maximum penalty reflects how serious this charge is (see below). Therefore, it’s difficult to avoid a criminal record. 

However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors, before a sentence is imposed. For example:

  • The circumstances of the offence,
  • Your criminal history,
  • Your traffic history,
  • Completion of the Traffic Offenders Program,
  • As well as your personal circumstances.  
 

Will I lose my licence?

Yes, you will lose your licence, if you are convicted. Generally, the automatic disqualification period will apply.

However, certain factors can reduce this period. For example:

  • Your need for a licence
  • Completion of the Traffic Offenders Program.

However, the time spent off the road can’t be less than the minimum period.

Penalty for Driving Under the influence of Drugs

The maximum penalty depends on whether the charge is a first offence, or a second or subsequent offence

First Offence

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 18 months
  • Automatic disqualification period of 3 years
  • Minimum disqualification period of 12 months

Second Offence

  • Maximum fine of $5,500
  • Maximum term of imprisonment of 2 years
  • Automatic disqualification period of 5 years
  • Minimum disqualification period of 2 years 

However, a conditional release order or a community corrections order are common for this charge.

In addition, an interlock order will apply if you are convicted of driving under the influence of alcohol.

We can help

Our trusted lawyers are with you every step of the way. We will ensure you receive the best possible outcome for your case.

Contact us today on 0421 700 497 for a free initial consultation. 

criminal lawyer discussing with a client about his offense

We're here to help

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