Drug use at pandemic levels and drug driving is one of the offences which is on the rise being set to overtake driving with excess alcohol. With illicit drugs eg cannabis , cocaine being set at such low level drivers are easy targets for the police.
Harsh Penalties
The key thing drivers need to understand is the severity of the penalties – not least the mandatory disqualification for a minimum of 12 months.
Fines are also high and there can be custodial sentences for repeat offenders or those severely impaired.
Drug use is the most prolific in adult males aged 16 -40 years with cannabis and cocaine being the most prolific. This is reflected in drug driving charges which will usually be cannabis or cocaine primarily because this can be tested for at the roadside. Research shows that the police will tend to target this group particularly those of Asian or black ethnicity.
To read more about drug driving generally read our blog https://roadtrafficdefencelawyers.co.uk/2022/07/08/drug-drive-cases-dropped-as-labs-fail-to-produce-blood-analysis/.
However, in this article we wish to help drivers understand how they can reduce the likelihood of prosecution and if charged avoid a conviction.
These are our top 10 tips:
- Learn about the effects and elimination rates of drugs. Education is key – see our training videos :
https://drivebright.auriga-advocates.com/course/drug-driving-awareness-course For example cocaine is widely thought to be eliminated from your system within 6 -12 hours after use but few are aware of benzoylecgonine, the by-product which can stay in your system for days after. Having a line on a Saturday night will not mean you will be free of drugs on Monday.
- Avoid drug use even legal highs because you could still be prosecuted for offences of being over the limit for the drugs specified under S5A of the Road Traffic Act 1988 (RTA 1988) or driving whilst unfit through drugs under S4 RTA 1988. If you use any drugs always check how long they will stay in your system and affect you to avoid driving whilst still under the influence. Remember the illicit drugs cannabis/cocaine/ketamine etc are at zero tolerance so it takes much longer to come below these limits. Driving over the limit for drugs under S5 is not based on impairment levels so you cannot go from how you feel.
- Do not use cannabis regularly particularly if you rely on your driving licence for a living because it is likely you will be over the limit most of the time.
- If stopped by the police, say nothing about drug use but co-operate with any requests for a roadside test. It is an offence to fail to give the test, with a financial penalty and 4 points if convicted.
- If taken to the police and asked to provide a blood sample, unless you have a good medical reason you should agree to provide a sample of blood. Failure to do so is an offence which carries Fine – 6 months custody and a minimum 12 months ban if convicted.
- Tell the police about any medical reason if you are unable to provide a sample of blood. Remember that any medical reason should be genuine as you will be expected to produce evidence of this at court.
- You will be offered a sample of your blood always take it and keep it in accordance with instructions.
- Once home seek legal advice immediately as we can advise on the next steps and whether to get your sample analysed.
- If the nurse has struggled to take blood take photographs of any pin marks or bruising on your arm(s) and store them safely.
- Do not chase the police for the results after charge, remember they have 6 months to bring charges. Most are under extreme resource pressures so there are huge backlogs as a result. Do not bring your case to the top of pile of cases waiting to be examined.
We hope you have found out top ten tips helpful but if you should find yourself under suspicion of drug driving, in charge with drugs, failing to provide a specimen of blood for drugs or have been charged with any of these offences you should call us straight away and we will give you FREE advice.
Call us on 01270 509496 or email [email protected]
Andrea Clegg
5th December 2022