Motoring Offences - Drug Driving

Criminal Law Solicitor Charlotte Winchester provides a closer look at the criminal offence of drug driving.

The offences

Since 2nd March 2015 it has been an offence for a person to drive attempt to drive or be in charge of a motor vehicle on a road or other public place with a specified controlled drug in their body that exceeds the prescribed limits. It is a summary only matter which will be tried in the Magistrates Court.

The amended provisions of the Road Traffic Act 1988 that brought these provisions into force run alongside the original ‘Section 4’ offence of driving, attempting to drive or being in charge of a vehicle whilst impaired by drugs or alcohol. This may be used where the drugs are not specified or are other prescribed drugs or legal highs.

How’s my driving?

You can be found guilty of the offence even if there is no evidence of any impairment in your driving.

Someone is “in charge” of a vehicle if they act in a way that shows they have assumed control or are about to assume control eg sitting in the driver’s seat of a stationary car with the keys in the ignition. In relation to the “in charge” offence there is a defence if there is no likelihood of the person driving whilst over the specified limit.

What about prescription medicine?

You can be guilty of an offence if the drugs taken are controlled drugs or drugs which have been medically prescribed. There is a defence available if the drug is prescribed or supplied in accordance with the Misuse of Drugs Act and is taken in accordance with medical advice. However, that defence is not available if you haven’t followed advice about not driving for a certain period of time after taking the medication.

What are the limits?

The limits for illegal drugs such as cocaine and cannabis are set at a very low level in comparison to the higher thresholds for prescription drugs. Even small doses are likely to test positive and can be detected in your body a long time after they were taken.

The Department of Transport estimates that around 19 million prescriptions a year are issued for the drugs that are included in the offence. These include clonazepam, diazepam, flunitrazepam, lorazepam, oxazepam and temazepam. Methadone and morphine are also included as the opiate/opioid based medication will metabolise and could show a positive result. However the majority of those taking medicines in accordance with the advice of a healthcare professional/ the accompanying leaflet are unlikely to be above the specified limit.

Roadside drug tests

The police have the power to conduct roadside drug tests. These tests can be physical tests – walking in a straight line, pupil dilation, slurred speech and also drug screening devices test for the presence of drugs in saliva (only cannabis and cocaine). If the police reasonably suspect that a person is driving with drugs in excess of the prescribed limit they would arrest them and take them to the police station for blood or urine testing.

Sentencing

At the current time there are no sentencing council guidelines in relation to drug driving which makes it very difficult for the sentencing courts. However the court must disqualify the person from driving for a minimum period of twelve months. The maximum sentence is six months imprisonment, an unlimited fine or both. If convicted of being “in charge” of the vehicle the maximum sentence is three months imprisonment and a fine of £2,500. The court may disqualify but if not they should endorse their driving licence with ten penalty points.

In addition there are no rehabilitation courses that are available to reduce the length of disqualification. These are available for those convicted of driving with excess alcohol and may be available soon for those convicted of drug driving.

For more information, contact our Criminal Law Team.