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Drug Driving

Drug driving is a serious criminal offence that was introduced in 2015 to create a clear standard for prosecuting drivers under the influence of drugs. Unlike earlier laws requiring evidence of impairment, this offence is based purely on the concentration of a specified controlled drug in the driver's system exceeding the legal limit.

What the Prosecution Must Prove

To convict someone of drug driving, the prosecution must demonstrate:

The person was driving or attempting to drive a motor vehicle.
The driver had a specified controlled drug in their body, with the proportion exceeding the prescribed legal limit.

Certain drugs can remain in the body for an extended period, even after their effects have long worn off. For example, with cannabis, a first-time user may test positive for up to 4 days after use, and a heavy user may test positive for up to 2 months after their last use. This can lead to prosecutions where drivers test positive for drugs they consumed long before driving. For these reasons, cases of drug driving often rely on specialist expert evidence, which is why it is so important to have specialist legal representation at your side.

What Are the Penalties for Drug Driving?

If convicted of drug driving, you may face:

Fines: Financial penalties determined by the court.
Community orders: Alternative sentences involving unpaid work, curfews, or rehabilitation.
Imprisonment: A maximum sentence of 6 months.

Additionally, the Court must impose a driving disqualification of at least 12 months. This increases to a minimum of 3 years if you have a previous conviction for a relevant offence within the last 10 years.

Drug driving cases can result in severe consequences, making early legal advice crucial. Given the broad range of potential sentences and the complexities of testing and legal limits, professional representation can help ensure the best possible outcome.

What Are Possible Defences to Drug Driving?

There are several defences available to drug driving charges, including:

Challenging the evidence: Issues with how the drug levels were tested or the procedure followed.
Involuntary consumption: If the controlled drug was consumed unknowingly.
Medical necessity: If the drug was prescribed by a medical practitioner and taken as directed, although driving must still not be impaired.

Given this range of defences, it is vital to seek expert legal advice early to explore your options.

How Can DJMS Solicitors Help?

If you are facing a drug driving charge, our experienced solicitors are here to help. We will assess your case, advise on possible defences, including what expert forensic evidence might be required, and provide specialist representation to protect your rights.

DJMS’ lawyers have a proven track record of successfully defending clients and ensuring the best possible outcomes. Whether identifying a robust defence, challenging the prosecution’s case, or arguing for a particular expert’s evidence to be considered, we are here to provide expert legal support every step of the way.

Get in touch for prompt, confidential expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.