Drug Driving Offences

Drug Driving Offences

Drug driving refers to the act of operating a vehicle while under the influence of drugs, whether legal (such as prescription or over the counter medications) or illegal (such as cannabis, cocaine, or other controlled substances). It is a serious offence under UK law as it impairs a driver’s ability to operate a vehicle safely, posing significant risks to the driver, passengers, and other road users.

The Two Key Laws Governing Drug Driving:

1. Driving whilst unfit through drugs
2. Driving with excess drugs in your system

In England, Scotland, and Wales, it is illegal to drive with legal drugs in your system if they impair your ability to drive safely. It is also an offence to drive with certain drugs in your blood above specified limits if you have not been prescribed them. Although this specific law does not apply in Northern Ireland, you can still be arrested if you are unfit to drive due to drug use.

Prescription ‘Medicinal’ Drugs:

• Amphetamine
• Clonazepam
• Diazepam
• Flunitrazepam
• Lorazepam
• Methadone
• Morphine or opioid-based drugs (e.g., codeine, tramadol, or fentanyl)
• Oxazepam
• Temazepam

You are allowed to drive after taking these drugs if:

• You have been prescribed them and are following your healthcare professional’s advice on how to take them.
• They do not impair your ability to drive, even if the levels in your blood exceed the legal limits.

However, you could face prosecution if you are found driving with certain levels of these drugs in your system without a valid prescription!

In the Spring of 2015 eight illicit drugs were added to regulations set by the government, taking a zero-tolerance approach, with limits set at a level where any claims of accidental exposure can be ruled out. The eight drugs are listed below;

• Benzoylecgonine (metabolite of cocaine)
• Cocaine
• Delta–9–tetrahydrocannabinol (cannabis)
• Ketamine, 20 µg/L (sedative) 
• Lysergic acid diethylamide (LSD)
• Methylamphetamine (Crystal Meth)
• Methylenedioxymethamphetamine (MDMA – ecstasy)
• 6-monoacetylmorphine (6-MAM – heroin and diamorphine)

If the police suspect you of driving under the influence of drugs, you are legally required to cooperate with their investigation. This typically involves providing a sample for testing, such as a saliva swab or a preliminary impairment test at the roadside which is known as a Field Impairment Test (FIT). If these tests suggest the presence of drugs or impairment, you may be taken to a police station where you will be asked to provide a blood or urine sample for further analysis.

A conviction for drug driving carries serious consequences, including a mandatory driving ban of at least 12 months, a fine of up to £5,000, an endorsement which stays on your licence for 11 years from the date of conviction (DR80) and a possible prison sentence in the most severe of cases. Beyond these legal repercussions a criminal record can have far reaching effects on your career, particularly if driving is a requirement for your job, as well as on your personal life, such as difficulty obtaining car insurance and your ability to travel to some countries, such as the United States.  If you are convicted of drug driving for a second time within 10 years of a previous conviction, the penalties are likely to be significantly harsher, including a minimum driving ban of three years.

Since the final decision rests with the court, our specialist solicitors here at PDA Law can assure you that, if a defence exists in your case, we will identify it once the evidence is made available to us. In certain situations, our team may advise pursuing a ‘Special Reasons’ defence. This type of argument is based on the unique facts and circumstances of your case. Examples of Special Reasons include taking medication prescribed by a doctor who failed to warn you about its potential impact on your ability to drive or using a drug to relieve pain from an injury not knowing what impact it could have on you. As part of this process, we will meticulously examine and challenge the case against you to provide the strongest possible representation.

Call us in confidence today.

Drug driving FAQs

This is my first drug driving offence, what penalties could I be facing?

Drug driving is a criminal offence under Section 5A of the Road Traffic Act 1988. It is illegal to drive with certain controlled drugs in your system above specified limits, regardless of whether the drugs are prescribed or illegal. This includes substances like cannabis, cocaine and even some prescription medications such as diazepam or morphine if taken in excess of the legal threshold. The law applies a zero-tolerance approach to illegal drugs, while prescribed medications are treated more leniently if you are following medical advice and your ability to drive is not impaired. However, driving while impaired by any substance, legal or otherwise, is an offence.

Driving under the influence of drugs is taken extremely seriously due to the potential for loss of life and serious injury. If convicted, the penalties can include a criminal record, an unlimited fine, and an automatic driving ban of at least one year (or three years for a second conviction within 10 years). In cases where a driver causes a fatality while under the influence, the charges of causing death by careless driving can result in life imprisonment.

What is the prescribed limit for drug driving?

The legal limits for each of the 18 controlled drugs vary, with extremely low thresholds set for illegal substances.

What evidence do the police need to bring about a drug driving charge?

To bring a drug driving charge, the police must gather evidence demonstrating that the driver was impaired or had drugs in their system above the legal limit. This typically includes:

1. Roadside Screening: A positive result from a roadside drug swab test for substances like cannabis or cocaine, or observations of impaired behaviour.
2. Blood or Urine Test: Confirmation through a laboratory analysis of a blood or urine sample showing the presence of drugs above the legal threshold.
3. Officer Observations: Evidence of impaired driving behaviour, such as erratic driving, inability to follow instructions, or physical signs of drug use (e.g., dilated pupils or slurred speech).

This combination of evidence is used to charge the driver and can be presented in court to secure a conviction.

How long will a conviction for driving under the influence of drugs (DR80) stay on my licence for?

A conviction for driving under the influence of drugs (DR80) will stay on your driving licence for 11 years from the date of conviction. During this time, it will appear on your driving record and may impact your insurance premiums and employment opportunities where driving is a factor. After 11 years, the conviction is removed from your licence, although it may still be relevant in certain legal or professional contexts.

Do I have to tell future employers about my drug driving charge?

Whether you need to tell a future employer about a drug driving charge depends on the role and the employer’s requirements. If the conviction is unspent under the Rehabilitation of Offenders Act 1974, which is typically for five years, you are legally required to disclose it if asked. For roles requiring enhanced DBS checks, such as those involving children, vulnerable adults, or security clearance, both spent and unspent convictions may be revealed, meaning you would need to disclose it. For driving-related jobs, employers may check your licence, where a drug driving conviction will remain visible for 11 years. It is essential to review the specific requirements of the job and be honest if disclosure is necessary, as withholding information could result in future consequences.