The police will use a drug screening device (DSD) to establish the presence of drugs. These can test up to 6 drugs in a single test of a person’s saliva.

The DSDs are not 100% accurate and therefore cannot be used as evidence in a court case. They can give false readings both positive and negative and are affected by eating and drinking prior to the test which is why manufacturers of the DSD recommend that there should be a 10 minutes delay after eating or drinking.

The result will give the police sufficient evidence to suspect someone of driving above the drug limit and therefore you will be arrested. You should co-operate because any refusal or obstruction could lead to other offences.

You will be asked to supply a blood sample at the police station which you should do. You will be offered a sample which you should accept and keep refrigerated until your solicitor indicates it is safe to dispose of. You will receive the result of the analysis within 6-8 weeks and if over the limit you will be charged with Driving with drugs over the prescribed limit.

NOTE: that refusing to provide either specimen is an offence as it is for excess alcohol.

READ MORE ABOUT FAILING TO PROVIDE

Whilst cocaine stays in your system for only a few hours, BZE can be detectable for up to 5 days. It will be detectable after 30 mins of cocaine use and will rise over the next few hours. It has a half-life of 12 hours so remains in your system for days long after the effects of cocaine have worn off.

Cannabis and most other drugs stay in your system much longer than alcohol. We have known people to have the drug in their system 4 days after consumption Recent research suggests that a 2ug of cannabis can stay in your system for 9 days.

If you are a regular user there is an increased risk that you are more likely to be over the prescribed limit at any time.

It is impossible to work out what limit you will be at unless you take a blood test.

The Department of Transport has provided guidance for Sativex users confirming if you are an MS sufferer who in the opinion of a doctor is able to drive safely you should not be deterred from either taking your medicine or from driving. In these circumstances, there is a statutory medical defence that can be raised for the new drug driving offence.

A special reason is not a defence, but if accepted by the court, allows the Magistrates to exercise their discretion to impose a disqualification of a period less than the mandatory 12 months, no disqualification at all or to impose penalty points if they feel you inadvertently consumed cannabis.

READ MORE ABOUT SPECIAL REASONS

Release a company which specialises in health, welfare and legal needs of drug users have raised concerns about the new law because they have research evidence that the passive inhalation of cannabis smoke can produce levels of the drug between 1 – 7 ug/L which is over the 2 ug/L limit. This is based on a high level of exposure in a non-ventilated room where the subject was tested within a few hours of exposure. Generally, it is accepted that these sort of levels via passive smoking will not stay in your system as long as direct us.

The Government, however, is confident that passive smoking will not take an individual over the limit of 2ug/L, after taking advice from an expert advisory group.

Unsure whether this applies to you – call one of our expert lawyers to advise.

The only other defences which could be are raised are

• You were not driving or
• A procedural fault which results in the sample evidence being inadmissable or
• The results are inaccurate

A special reason, if successful may result in an absolute discharge and no disqualification. There are no precedents and whether your case will be successful will depend on the facts. If you were a regular smoker and then passively smoked, you are less likely to win your argument. Other factors that would be taken into account are

• When did you last smoke cannabis?
• Were you aware others around were smoking cannabis?
• Could you get away from the users?
• Were you aware that you would be affected?

The courts are very cynical when it comes to attempts to avoid a disqualification and you would be advised to seek advice as only very strong evidential cases are going to have any chance of success. Much will depend on how convincing you are about not using cannabis and not realising you would be over limit by passive smoking. The higher the result the more difficult this argument will be.

• We can support you even before you are charged by providing representation at a police interview. READ MORE ABOUT POLICE STATION INTERVIEWS
• We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
• We will keep you informed every step of the way.
• We will answer all of your questions and concerns.
• We ensure that you get the best representation in court because we only used advocates we know and trust.
• If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
• We will listen and support you all the way without extra charge
• We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.

• It is an uphill struggle in court to challenge this. The court will put pressure on you to accept the results regardless of what you say about your consumption or lack thereof. However, in light of the Randox cases and the fact that this is not a perfect science, defendants must be allowed to examine and analyse the procedure of analysis. There are a number of challenges :–

• Lack of evidence in continuity of the sample
• The laboratory does 3 tests and take the mean, would it be fair if any of these were under to convict a defendant?
• Has the equipment been calibrated within the standard deviation ranges?
• Has there been a “data anomaly” which would affect the accuracy of the results?
• Have certified reference materials been used, without which the accuracy of any result would be in question.
• Has the analyst deducted the standard analytical variation of 30% from the measured result?
• Has the analyst cleared the equipment with solvent between tests? Bearing in mind a laboratory will test a number of samples at once.

1. Mandatory minimum penalty of 12-month disqualification and a fine of 1.5 weeks’ net wages;
2. For repeat offenders, a mandatory minimum penalty of 36-month disqualification along with a fine of 1.5 weeks’ net wages;
3. Your driving licence will be endorsed for 11 years for drug driving;
4. Possible prison sentence in high reading or repeat offender cases;
5. Criminal record;
6. Possible professional consequences such as loss of job/licence to practice;
7. Significant insurance issues: many insurers to refuse to insure drivers with drug driving convictions from within the last 5 years so your current insurer may refuse to insure you once your disqualification is over. An average increase in insurance premiums for 5 years post-conviction is 103.25%. So, if your insurance premium was £1000 prior to being convicted, you can expect it to pay an increased premium of £2032.50. Multiply the increase by the 5 years your insurers will punish you with increased premiums and you will have spent an additional £5162.50.
8. Restrictions on foreign travel
9. Reputational damage.

We understand how you feel about the impact all the potential consequences can have on your work and family. We can help you every step of the way with outstanding expert advice and constant support throughout the process.