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Drug Driving Procedure

Drug driving is a serious offense in the UK and is treated with the same gravity as driving under the influence of alcohol. Unlike alcohol, driving under the influence of drugs can cause some confusion because of the different types of drugs, the potency of individual drugs, and the fact that many people are medically prescribed drugs that are safe to drive on.

This is precisely why the government has implemented stringent regulations for drug driving and, with extensive experience in defending road traffic offenses, Harewood Law are not only familiar with but experts in the rules and regulations surrounding UK drug driving law. We wanted to clear up any confusion you may have.

Is it illegal to drive under the influence of illegal drugs?

Yes, it is illegal to drive under the influence of illegal drugs in the UK.

Is it illegal to drive under the influence of prescription drugs? 

No, it isn’t illegal to drive under the influence of medically prescribed drugs, however there are legal limits for consumption.

These limits will change depending on the type of drug and other factors, so you will need to speak with your GP if you are prescribed drugs.

Drug driving limits

In 2015, the UK introduced legal drug limits for driving, similar to alcohol limits, to make it easier to prosecute drivers under the influence of illegal and medicinal drugs. The law set specific limits for various drugs, including cannabis, cocaine, and other substances.

The government established these limits based on scientific research into the effects of different drugs on driving performance.

Illegal drugs:

The government takes a no tolerance approach to driving with the presence of illegal drugs in your system.

  • Cannabis (THC): 2 micrograms per litre of blood

  • Cocaine: 10 micrograms per litre of blood

  • Benzoylecgonine: 50 micrograms per litre of blood

  • Ecstasy (MDMA): 10 micrograms per litre of blood

  • LSD: 1 microgram per litre of blood

  • Ketamine: 20 micrograms per litre of blood

  • Morphine: 80 micrograms per litre of blood

  • Heroin: 5 micrograms per litre of blood

It’s important to note that regardless of the limit, you may still be prosecuted for the consumption of illegal drugs if you are pulled over with them in your system. If you are viewed to have drugs in your system accidentally, then this limit applies. However, intentional consumption may lead to an arrest.

Prescription drugs

It isn’t illegal to drive with medically prescribed drugs in your system, but there are limits to each. This will depend on the drug in question and how individual doses are likely to impact you. For example, some people metabolise drugs at a faster rate.

You must speak to your GP if you are taking any of the following drugs, as they will be able to advise you on when it is an isn’t safe to drive:

  • amphetamine

  • clonazepam

  • diazepam

  • flunitrazepam

  • lorazepam

  • methadone

  • morphine or opiate and opioid-based drugs

  • oxazepam

  • Temazepam

The risk of drug driving

There are a number of changes your body undergoes under the influence of drugs that can inhibit your judgement, and make it dangerous for you to drive a vehicle.

These include:

  • Reduced distance perception

  • Dizziness

  • Impaired vision

  • Drowsiness

  • Hallucinations

  • Paranoia

  • Increased confidence and aggression

  • Over/underactive reactions

  • Nausea

  • Physical weakness

  • Lack of bodily control

  • Erratic behaviour

Drug driving sentencing

Drug driving offenses in the UK are treated very seriously due to the risks they pose to road safety. The sentencing for drug driving depends on several factors, including the type and level of drugs found in the driver’s system, whether there was any evidence of dangerous or careless driving, and whether there were aggravating factors like previous convictions.

The penalties for drug driving in the UK can be severe. If you are convicted of drug driving, you may face:

  • A driving ban of at least 12 months

  • A fine of up to £5,000

  • Up to 6 months in prison (in the most serious cases)

  • A criminal record

If you are convicted of drug driving and causing injury/death, you may face:

  • Up to 14 years in prison (if death is caused)

  • Unlimited fine

  • Indefinite driving ban

  • A criminal record

The exact penalty will depend on the circumstances of the offense.

How police test for drug driving

In the UK, police have the authority to stop any driver they suspect may be driving under the influence of drugs. The drug driving test typically involves several stages, depending on the circumstances of the stop. Here’s what you should know about the test for drug driving:

1. Field impairment assessment:

If a police officer suspects a driver is under the influence of drugs, they will likely perform a field impairment assessment. This test involves various physical assessments, including:

  • Walking in a straight line

  • Touching the tip of the nose with your eyes closed

  • Testing how your pupils respond to light

2. Drug wipe test:

If the officer has reason to believe that the driver is under the influence of drugs, they may use a drug wipe test. This is a roadside test where a small swab is placed on the driver’s skin (typically the tongue or inside of the cheek).

The wipe is then tested for traces of drugs such as cannabis or cocaine. If the test comes back positive, the driver will be arrested and taken to a police station for further testing.

3. Blood test: 

At the police station, a blood test will be taken to determine the exact levels of drugs in the driver’s system. If the levels exceed the legal limits, the driver will face a drug driving charge.

If you’re in a difficult situation and require expert advice, you can count on Harewood Law. Our lawyers have a proven track record of securing the best outcome for our clients. If you’re facing drug driving charges, it is vital to act quickly in order to secure immediate access to exceptional legal advice.

Contact our leading driving offence solicitors today.