Motoring offences
Drug driving
It is an offence to drive or attempt to drive on a road or public place if your driving is impaired by legal or illegal drugs, or with certain specified drugs above set limits. If you have been charged, speak to a specialist today.
The offence explained
What is impaired driving?
It is where a person is unfit to drive due to drugs. This includes people whose driving is impaired by prescribed medication — even taken in accordance with medical advice — as well as so-called legal highs and controlled drugs that are not specified drugs.
Specified drugs and limits
Separate limits are set in blood for specified drugs. The limits for illegal drugs — including cocaine, cannabis, ketamine, heroin, ecstasy and LSD — are set much lower than those for medicinal drugs such as methadone, morphine, diazepam, temazepam, oxazepam, lorazepam, flunitrazepam and clonazepam, where the limits exceed normal prescribed doses.
How do the police test for drugs?
The police can stop you and, if they think you have taken drugs, can carry out a roadside drugs test or a field impairment test to assess your ability to drive. Tests for some drugs have to be carried out at the police station. If you fail either test, the police can arrest you and take you to the police station.
The penalties
The likely penalty depends on how much you were over the limit, any aggravating or mitigating features, personal mitigation, and your plea. The maximum penalty includes:
- Up to 6 months’ imprisonment
- A minimum 12-month driving ban
- A criminal record, with the conviction remaining on your driving licence for 11 years
A conviction commonly also brings increased insurance costs, effects on employment, and difficulty entering some countries.
Related offences
Being unfit to drive through drink or drugs and driving or attempting to drive — dealt with in the Magistrates’ Court; carries up to 6 months’ imprisonment and an obligatory disqualification for a minimum of 12 months.
Being unfit through drink or drugs and being in charge of a vehicle — dealt with in the Magistrates’ Court; carries up to 3 months’ imprisonment and 10 points or a discretionary disqualification.
When would I need a solicitor?
- If you have a defence
- If you are unsure whether the elements of the offence are made out
- If there are special reasons not to endorse your licence or disqualify you from driving
- If you do not know what the guidelines are, or do not think you should be dealt with in accordance with them
- If you do not want to represent yourself in court
Free initial telephone advice
Get the right advice as early as possible
It is important you contact Moore Motoring Law as soon as possible to ensure you get the best advice for your circumstances. Free initial telephone advice.