Drug Driving Solicitors

Driving With Controlled Drugs Above a Specified Limit

Under Section 5A, it is an offence to drive a motor vehicle on a road or public place with a specified controlled drug in your blood above the prescribed limit. The prosecution does not need to prove that your driving was affected. If the blood sample shows a reading above the legal limit for any specified substance, the offence is technically complete.

This offence covers 17 specified drugs, split into 8 illegal drugs and 9 prescription drugs. The limits for illegal drugs are set at very low levels, effectively a zero-tolerance approach. The limits for prescription drugs are set at higher therapeutic thresholds to allow for legitimate medical use.

Driving Whilst Unfit Through Drugs and Impairment

Under Section 4, the prosecution must prove that your driving was impaired by a drug. This is a more complex offence to prosecute because the evidence of impairment often relies on the observations of the arresting officer, the results of a field impairment test, and sometimes CCTV footage.

This offence can involve any drug, including prescription medications and even over-the-counter remedies. The prosecution must establish that the drug affected your ability to drive properly, not simply that a substance was present in your system.

Drug Driving Limits for Illegal and Prescription Drugs

Understanding the drug driving limits is important because the level found in your blood sample determines whether the prosecution can proceed under Section 5A. We will always check whether the level in your case was genuinely above the legal limit for any specified substance and whether the testing procedure was properly followed.

Specified Limits for Illegal Drugs

The limits for illegal drugs are deliberately set near zero. Even trace amounts can result in a reading above the threshold.

Specified Limits for Prescription Drugs

If you take prescription drugs as directed by your doctor and the level in your blood is within the therapeutic range, you may have a statutory medical defence. We will explain how this works if it applies to your case. These higher thresholds exist because prescription drugs taken at therapeutic levels are not expected to impair driving ability.

Penalties and Disqualification for Drug Driving

We know that understanding the potential penalties is one of the first things you will want to know, so here is a clear overview. A drug driving conviction carries a mandatory minimum 12-month disqualification from driving, an unlimited fine, and up to 6 months in prison. You will also receive a criminal record and a DR80 endorsement that stays on your driving licence for 11 years.

If you have a previous drink driving or drug driving conviction within the last 10 years, the minimum disqualification increases to 36 months. The court can also impose a community order or custodial sentence depending on the severity of the offence.

Drug driving penalties are serious, but they are not inevitable. Our role is to examine every aspect of your case and identify any opportunity to avoid or reduce these penalties for drug driving. If you have already been convicted and want to challenge the outcome, find out more about appealing a driving conviction. We will always give you an honest assessment so you can make informed decisions without feeling pressured.

How a Drug Driving Charge and Prosecution Works

Understanding the process can help reduce some of the uncertainty you may be feeling. Here is what typically happens in a drug driving case.

Roadside Testing and the Blood Sample Procedure

If the police suspect you of drug driving, they may ask you to perform a field impairment test at the scene. This involves a series of physical tests designed to assess coordination and balance. They may also use a roadside swab test that can detect cannabis and cocaine.

If the initial tests give cause for concern, you will be arrested and taken to a police station where a healthcare professional will take a blood specimen. This sample is then sent to a laboratory for analysis. The Crown must prove that the specimen was taken correctly, stored properly and analysed accurately. Errors at any stage can undermine the claims made against you.

Failing to provide a specimen without a reasonable excuse is a separate offence that carries the same penalties as drug driving itself. If you had a medical reason for being unable to provide a specimen, our solicitors can advise on whether this amounts to a reasonable excuse.