Drug Driving Law: What Are The Facts?

Drug driving, or driving under the influence of drugs, takes place when an individual drives while under the influence of drugs that exceed the legal limit. You don’t have to have taken illegal drugs to be drug driving. In fact, several common prescription medications taken even in moderation may cause you to exceed the tolerated drug levels.

While many people are aware of the penalties and limits of drink driving, drug driving is likely a less familiar topic. But with case numbers rising, what should you know about drug driving?

What are the drug driving limits?

The UK government treats the act of driving under the influence of drugs with zero tolerance, especially when compared with the laws that are in place for drink driving. While you can still have a drink and remain under the legal limit for alcohol, the drug driving limits are negligible. Drug driving is punishable by law in a variety of cases, including being under the influence of either legal/prescription drugs or illegal drugs.

You should not drive if a drug you have taken impairs your ability to drive safely. You also should not drive if you have taken any illegal drugs.

What does the law say about illegal drugs?

Any trace of illegal drugs in your system whilst driving can lead to a drug driving accusation. This can create difficult matters as drugs often stay in the body for several days after use.

The legal cut-off levels for illegal drugs are as follows:

• Cocaine (or Benzoylecgonine) – 10 micrograms per litre
• Cannabis – 2 micrograms per litre
• LSD – 1 micrograms per litre
• Ketamine – 20 micrograms per litre
• MDMA, ecstasy and crystal meth – 10 micrograms per litre
• Heroin – 5 micrograms per litre

The legal limits for drug driving are set just above zero to account for ‘accidental exposure.’

What is accidental exposure?

‘Accidental exposure’ is like passive smoking, whereby smokable drugs such as cannabis, can enter the system accidentally. If you are the driver of a vehicle and the passenger is smoking cannabis, this could cause you to exceed the legal level of cannabis in your system.

What about prescription drugs?

You will likely face prosecution for driving with a prescription drug in your system if the drug was not prescribed to you personally. You will also face prosecution for drug driving if you are found to have more than the legal limit of prescription drugs in your system. Measuring the amount of micrograms of the substance in your blood is how the police assess if you are over the legal limit.

The government states that you should ask your doctor if you should drive if you’ve been prescribed:

• Amphetamine
• Clonazepam
• Diazepam
• Flutrazepam
• Lorazepam
• Methadone
• Morphine or opiates
• Oxazepam
• Temazepam

You should be mindful that the definition of legal drugs covers more than just prescribed medication. Over-the-counter drugs which impair your ability to drive may also lead you to exceed drug driving limits. Even if you do not exceed these limits, if it affects your driving to the point that the police pull you over, you may face other driving offence charges other than drug driving.

How are drug driving tests carried out?

In accordance with Section 163 of the Road Traffic Act 1988, a police constable or traffic officer has the power to stop any vehicle that has suspicion of the committed offence. There must be reasonable suspicion as to why the driver might be under the influence, especially if there has not been any accident involved.

To test for alcohol, the police will use a breathalyser. However, for drug driving, the UK government brought new legislation into effect in 2015 to allow police to perform a similar roadside test using a roadside oral saliva drug testing kit. The roadside tests can detect cannabis and cocaine. If the police suspect that other drugs have been taken then a blood test will be required. A positive result on the roadside test will also result in the driver being taken to the police station for a blood test.

The limbo period between taking your test and awaiting results is often a time when it is vital to start preparing your case.

What are the penalties for drug driving?

Drug driving can carry a prison sentence, much like drink driving. The drug driving penalties can include:

• A criminal record
• A maximum of six months in prison
• A potentially unlimited fine
• Your license will state any drug driving
• Convictions, which will last 11 years
• An automatic driving ban of at least one year (or potentially three years if you have been convicted twice in ten years)

Outside of formal penalties, your insurance premium may rise, you may experience trouble travelling to foreign countries and future employers might check any convictions you have.

The Magistrates Court normally deals with drug driving cases unless there are severely aggravating factors involved.

In the case that a driver is charged without factors that might increase the seriousness of the offence for drug driving; the court will likely consider disqualification from driving for 12 months. In situations where there have been factors that increase the seriousness of a crime or multiple offences have been committed, the court will consider increasing the sentence.

What factors affect the penalty?

The most recent laws of 2015 deal with driving under the influence of illegal and legal drugs via a banding system, which highlights a specific set of factors. These factors will increase or decrease the level of seriousness of the alleged offence. Factors that increase the seriousness are:

• If the supposed offender was driving or in charge of an LGV, HGV or PSV
• There is evidence of unacceptable driving standards
• The driver has more than one drug or the addition of alcohol in their system

There will also be aggravating/mitigating factors that may affect the seriousness of the case. Aggravating factors that affect drug driving may include:

• Previous convictions regarding the relevant offence
• Location of the offence
• Passengers in the vehicle when the offence took place
• Levels of traffic or pedestrians in the area

Mitigating factors may include:

• No previous convictions
• Genuine emergency involvement
• A shorter length of journey
• Age – a lack of maturity may affect the responsibility of the offender
• Remorse