If you are facing a drug possession charge in Western Australia, you might be wondering if you driver’s licence is at risk.
In simple terms, it could be. A drug possession charge can lead to a licence disqualification if the court feels the facts of the case warrant such a penalty.
This article outlines how and when your licence might be suspended and what steps you can take to reduce the risk. If you would like more information, you can speak with a criminal drug lawyer on (08) 9500 8915 or at [email protected].
When Can Drug Charges Affect Your Licence?
The Road Traffic Act 1974 allows the court to impose a disqualification from holding or obtaining a driver’s licence if an offence relates to:
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Illicit drugs, and
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A vehicle in some way (e.g. drugs found in the car, even if you weren’t driving).
The court does, however, have discretion here. That means a licence disqualification isn’t automatic for simple drug possession, but it can be applied if there is a clear connection between the drug offence and a motor vehicle.
What Makes Licence Disqualification More Likely?
There are several factors that can persuade the court to suspend the accused’s licence, even in simple possession cases. They include:
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Being caught with drugs inside a vehicle, especially if they were easily accessible.
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The accused parking or controlling a vehicle at the time, even if the engine was off.
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The court believes the accused was intending to drive shortly after drug use or drug-related activity.
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The accused has prior convictions or a history of driving-related drug offences.
For example, if the accused is caught with cannabis (weed) or MDMA (pills) in their car during a roadside search, the court may see this as warranting disqualification. If the drugs were within the reach of the accused or if they were impaired, a lost licence is even more likely.
If you are concerned that an allegation against you could result in a disqualified drivers licence, it is important to contact a Perth-based drug lawyer as soon as possible. At Chambers Legal, our team will assess your case and determine the penalties you might face.
What Happens If You Are Disqualified?
If your licence is disqualified, you cannot legally drive for the duration of the order. Penalties for driving while disqualified include fines and imprisonment.
Once the disqualification period ends, it is possible you will need to reapply for your license.
Can You Challenge a Licence Disqualification?
Yes. Because licence disqualification in drug possession cases is discretionary, the accused can:
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Ask the court not to disqualify their licence.
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Provide evidence that losing their licence would cause undue hardship.
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Argue that there is no meaningful connection between the offence and vehicle use.
Where relevant, an experienced criminal drug lawyer will present you with these options and suggest which is most likely to achieve the best possible outcome.
How a Drug Offence Lawyer Can Help
Even if you are facing a minor drug allegation, it is important to understand the potential consequences. That includes those that extend beyond fines or a criminal record.
A lawyer at Chambers Legal can:
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Review whether a vehicle-related disqualification applies in your case
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Argue against the imposition of a licence suspension
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Help negotiate lesser charges or penalties
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Advise you about eligibility for a Spent Conviction Order, which may reduce the long-term impact of the charge
Our support goes beyond your legal matters. Knowing that facing a criminal charge is incredibly distressing for you and your loved ones, we hold ourselves to values of transparency and integrity. You will always receive proper cost notice and all advice will be provided in writing.
If You Need a Lawyer for Drug Possession Charges, Contact Chambers Legal Today
If you’ve been charged with drug possession and are worried about losing your licence, don’t leave it to chance. Seeking advice from a well-versed, Perth-based drug lawyer can make a significant difference to your final outcome.
To speak with a member of our team about a drug charge, contact Chambers Legal on (08) 9500 8915 or email us at [email protected].
If you would prefer, you can also book a free, 15-minute phone consultation.