Drug Driving Offences

• First Offence: You could face fines, a mandatory licence disqualification, and even imprisonment. A first offence of DUI (in a five-year period) carries a maximum penalty of 28 penalty units (approx. $4,600) or 9 months imprisonment. The offence also attracts a mandatory minimum licence disqualification period of six months. Any charge of DUI will also result in an immediate driver licence suspension.
• Subsequent Offences: Repeat offenders face harsher penalties, including longer disqualification periods, higher fines, and an increased likelihood of imprisonment. A repeat offence carries a maximum penalty of 60 penalty units (approx. $9,700) or 18 months imprisonment. For repeat offenders, a conviction attracts a mandatory minimum disqualification period of one year.

• First Offence: This typically results in fines and a relatively short licence disqualification. A first offence carries a maximum penalty of 14 penalty units (approx. $2,300) or 3 months imprisonment. The offence also attracts a mandatory minimum disqualification period of one month (and a maximum of nine months)
• Subsequent Offences: Whilst the maximum penalty is not affected, repeat offences do often incur more severe penalties, including longer licence disqualification periods. The mandatory minimum disqualification period increases to three months for a second offence and six months for a third (or subsequent) offence.

Losing your driver’s licence can have far-reaching impacts on your life. It can affect your employment, especially if your job requires you to drive. It can also hinder your ability to fulfil personal and family obligations. Understanding the full scope of these consequences is crucial, and at Bazzi Law, we aim to help you navigate these challenges effectively.

Our experienced lawyers will work tirelessly to minimise the impact of these penalties on your life. We will explore every legal avenue to reduce (or if possible, avoid) disqualification periods, negotiate penalties, and, where possible, assist with the preparation work licence applications (see below). Our comprehensive approach ensures that you are fully prepared to address all aspects of your case, mitigating the long-term effects on your personal and professional life.

Trust us to provide the expert legal representation you need to face these charges with confidence and achieve the best possible outcome for your situation.

• First Hearing: Your first court date is typically a mention, where the charges are formally read, and you enter a plea or seek an adjournment. If you plead not guilty, the case will be adjourned to a later date for a hearing/trial. If you plead guilty, your matter will likely proceed to sentence and be finalised at the first mention.
• Legal Representation: Having a skilled lawyer by your side during this initial appearance is crucial. They will help you understand the charges, advise you on your plea options, and make submissions to the court on your behalf.

• Evidence Review: If you are contesting a charge of drug driving, your matter will be adjourned for a brief of evidence to be disclosed to you. Once disclosed, your lawyer will review all evidence against you, including police reports, test results, and witness statements. They will identify any weaknesses in the prosecution’s case and prepare a robust defence strategy.
• Negotiations: In some cases, your lawyer may negotiate with the prosecution to reduce the charges or reach a plea agreement that minimises the penalties.

• Presenting Your Case: If your case goes to trial, your lawyer will present evidence and call witnesses to support your defence. They will cross-examine prosecution witnesses to challenge their credibility and the validity of the evidence against you.
• Legal Arguments: Your lawyer will make legal arguments, highlighting any procedural errors, inconsistencies in the evidence, or mitigating factors that should influence the court’s decision.

• Outcome: If you are found guilty (or if you plead guilty), the court will impose a sentence, which may include fines, licence disqualification, community-based orders, or imprisonment. Your lawyer will advocate for the least severe penalties, considering your personal circumstances and any mitigating factors.

• Charge Type: If you are charged with driving while a relevant drug is present in your system, you may be eligible for a work licence. However, if you are charged with driving under the influence of drugs, you are not eligible.
• Employment Requirements: You must demonstrate that driving is essential for your job. This can include providing evidence from your employer detailing your job responsibilities and the necessity of holding a licence.
• Driving History: Your personal driving history will be taken into account. If you have suspended or disqualified in the previous five years, you are not eligible (note – there are exceptions to this rule). A clean driving record or minimal prior offences will enhance your prospects.

1. Prepare Affidavits: Affidavits are sworn by you (and your employer). These documents should explain why a work licence is crucial for your employment and outline your responsibilities and financial obligations.
2. Lodge Documents: File the affidavits, application form, and any other supporting materials to the court. This process must be done correctly to avoid delays or rejections.
3. Court Hearing: Attend the court hearing where a judge will review your application and decide whether to grant the work licence. Your drug driving lawyer will advocate on your behalf, presenting your case and supporting evidence.