Drug Driving

Driving whilst under the influence of drugs is a serious motoring offence that can result in a substantial fine, points on your licence, or a potential driving ban, creating a highly stressful and challenging situation. Individuals accused of being influenced through drugs may face charges if they are unable to provide a blood sample to test the level of drugs in their system. 

In the absence of a sample, the determination of a person’s fitness to drive is based on the assessment of an experienced police officer and/or a doctor, who evaluate the degree of impairment. This offence is not as commonly charged as drink or drug driving, but it carries similar penalties.

If convicted or upon entering a guilty plea, the court must impose a disqualification for a minimum of 12 months, in addition to a fine, community order, or custodial sentence, depending on the severity and circumstances of the case.

It’s crucial to seek specialist legal advice from the outset to minimise the potential penalties and achieve the best possible outcome.

Driving while under the influence of drugs explained

If you are accused of driving while under the influence of drink or drugs, it must be proven that you were:

• Over the legal limit and that you were driving 
• In charge of the vehicle. 
• Had the intent to drive, 
• Were in possession of the ignition key
• What you were doing at the time of your arrest.

   

Even if you were not driving the vehicle, you could still be charged for being under the influence while in charge of a vehicle, which is a serious motoring offence. The penalties for this offence are similar to those for drink driving and can result in a significant disqualification from driving and a fine. It’s important to seek legal advice to understand your options and potential defences.

Drug Driving explained

Prior to March 2, 2015, there was no specific legal limit for drug driving. To secure a conviction, the prosecution had to prove that the accused was unfit to drive, had been under the influence of drugs, and that their driving was hindered by the substance taken. However, the law now specifies 16 drugs (8 illegal and 8 prescription) for which you can be charged based on the results of a blood or urine test, similar to drink driving.

The specified drugs include: 

• Cocaine
• Cannabis
• Ketamine
• Diazepam
• Methadone
• Morphine. 

It’s important to note that some substances can take several days to leave your system, so you might be prosecuted for drug driving even after a longer period than expected.

Our solicitors can help build your defence by considering factors such as whether the drug was prescribed for medical purposes, if you were properly informed about its usage, or if the drug in your possession was not unlawful. The penalties for drug driving can include a criminal record, a maximum of six months’ imprisonment, and a driving disqualification.

The government has adopted a zero-tolerance approach to 8 drugs associated with illegal use and has set limits for 8 drugs associated with medical uses. If you’ve been prescribed any of these drugs, it’s advisable to consult your doctor regarding their potential impact on your ability to drive.

The penalties for drug driving are similar to those for drink driving and are largely dependent on the level of impairment. It’s essential to be aware of the legal limits and potential consequences of drug driving, as it can lead to serious legal ramifications and impact your future.