Drug-influenced driving is a serious criminal offence that can have significant legal consequences for the accused driver, other road users, and public safety. A recent case involving former Home and Away star Felix Dean illustrates the potential charges and penalties that can arise when a driver is caught under the influence of illicit substances.
When an individual operates a vehicle under the influence of illicit substances, their ability to drive safely is severely impaired, leading to dangerous driving behaviour. The legal penalties for drug-influenced driving can include hefty fines, licence disqualification, probation order, car impoundment and more often than people understand- imprisonment. This article discusses the legal consequences of drug-influenced driving in Australia, focusing on how charges are handled, and why it’s crucial for an accused individual to seek legal representation.
What is Drug-Influenced Driving?
Drug-influenced driving refers to the act of operating a vehicle while under the influence of drugs, including methamphetamine, cannabis, ecstasy, and certain prescription medications. These substances can impair cognitive functions such as decision-making, reaction time, and motor skills, leading to dangerous driving behaviours like swerving, erratic braking, or delayed responses.
The Legal Consequences of Drug-Influenced Driving
- Fines: One of the most common penalties for drug-influenced driving is a fine. In all Australian states, including Queensland, New South Wales, and Tasmania, drivers found to have illicit substances in their system can face substantial fines. The amount depends on the type of drug found and whether the accused has a prior record of offences.
- Licence Disqualification: A key consequence for those convicted of drug-influenced driving is the disqualification of their driver’s licence. Typically, an offender is disqualified for at least six months, though the court may decide to shorten or extend this period based on the circumstances. In some cases, a driver may face an indefinite disqualification, depending on the severity of the offence and whether it was a repeat incident. In Queensland and New South Wales, courts tend to impose harsher penalties for repeat offenders, whereas Tasmania may offer more lenient options for first-time offenders.
- Criminal Record: If convicted, can offender will have a criminal record. This can have lasting consequences, affecting future employment, travel, and personal opportunities. A criminal record may limit access to certain jobs, especially those involving driving or working with vulnerable people, and it could impact future legal proceedings. The accused should be aware that a conviction for drug-influenced driving can follow them for years.
- Imprisonment: Imprisonment is a real possibility. A first offence for drug-influenced driving may not result in prison time, but repeat offenders or individuals involved in accidents while impaired could face jail sentences. In Queensland and New South Wales, the courts have been known to impose prison sentences on repeat offenders or those found guilty of causing harm to others.
- Insurance and Liability Issues: A conviction for drug-influenced driving can complicate insurance matters. The offender may find it difficult to obtain car insurance or could face much higher premiums. If an accident occurs while the accused driver is under the influence, they could be held personally liable for damages. In addition, the court may rule that the offender is at fault, leading to civil claims from the victims of the accident.
- Civil Claims: In the unfortunate event that the accused driver causes an accident while under the influence, they may be subject to civil lawsuits from the other parties involved. Victims may sue for damages, including medical expenses, lost wages, and compensation for emotional distress. In such cases, the financial implications of drug-influenced driving can be devastating.
Why Legal Representation is Essential
If you are the accused in a drug-influenced driving case, it’s essential to seek professional legal representation. A criminal defence lawyer can help you navigate the legal process and may be able to challenge the evidence against you, including the accuracy of drug tests. In some cases, they may argue for leniency based on mitigating factors, such as addiction or a first offence. A lawyer can also advocate for reduced penalties or explore alternative sentences, like community service or rehabilitation programs, depending on your state or territory.
Conclusion: The Importance of Responsible Driving
Driving under the influence of drugs is a serious criminal offence in Australia, with penalties that can include fines, licence disqualification, criminal charges, and possible imprisonment. The charges for drug-influenced driving are not limited to the legal consequences—they also pose significant risks to public safety. An offender’s ability to drive safely is impaired, endangering not only their own life but the lives of others on the road.
If you are facing drug-influenced driving charges, don’t face it alone. Contact a criminal defence lawyer who can help you navigate the charges, assess your options, and work towards the best possible outcome. Whether you are in Queensland, New South Wales, Tasmania, or elsewhere, a legal expert can provide invaluable support to ensure your rights are protected and to help mitigate the consequences of this serious offence.
Our team at Brooke Winter Solicitors specialise in traffic law- including drug-influenced driving. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
