Drug Driving

Illicit drugs

• Benzoylecgonine, 50 µg/L
• Cocaine, 10 µg/L
• Delta–9–Tetrahydrocannabinol (Cannabis and Cannabinol), 2 µg/L
• Ketamine, 20 µg/L
• Lysergic Acid Diethylamide (LSD), 1 µg/L
• Methylamphetamine – 10 µg/L
• Methylenedioxymethaphetamine (MDMA – Ecstasy), 10 µg/L
• 6-Monoacetylmorphine (6-MAM – Heroin and Morphine), 5 µg/L

Generally Prescription Drugs

• Clonazepam, 50 µg/L
• Diazepam, 550 µg/L
• Flunitrazepam, 300 µg/L
• Lorazepam, 100 µg/L
• Methadone, 500 µg/L
• Morphine, 80 µg/L
• Oxazepam, 300 µg/L
• Temazepam, 1000 µg/L

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 youshould 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 

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 drink 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.

• We can help to alleviate all the worry and anxiety that facing an offence of drug driving can cause by giving free initial advice 
  
• 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.

There are no sentencing guidelines for the new drug law at present and this has led to some significant differences in sentencing, if a bench equate the drugs sentencing to that of excess alcohol. The excess alcohol guidelines are based on respective levels of impairment but these cannot be compared to drugs because the illicit drug levels are not based on impairment. They are based on zero tolerance levels.

However, recent guidance suggests aggravating factors to increase sentence and disqualification so evidence of impairment in driving will increase your sentence and disqualification above the minimum Band C fine and 12 months
disqualification.

The other factor is also that although there is legislative provision for a drugs drive rehabilitation course there are presently no providers so a drug drive offender cannot take advantage of the 25% reduction which that offers.

At the moment pilot schemes for a new drink/drug driving course are being piloted and it is hopeful that courses will become available at sometime in 2018. 

It is imperative that a drug driver is represented to ensure that a fair sentence is passed.

Do not face your sentence alone call one of our expert lawyers to help you now?

There is a defence has been introduced under S5A(3) of the Road Traffic Act 1988  which states that if a drug is prescribed for medical or dental reasons and taken in accordance with any directions by the Doctor, Dentist or consultant and also the manufacturers instructions. The drugs must also be being used legally ie not prescribed to another.

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 in
  admissable.

Technically it could amount to a ‘special reason.’

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. 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 expert lawyers to advise

If you have been charged with drug driving and your samples were tested by Randox Testing Services then you will be interested to know that Randox Testing Services has had its drug driving laboratory accreditation withdrawn.

This means that it can no longer analyse blood specimens for use in drug driving cases. It also raises further concerns about the integrity of previous drug driving samples analysed at RTS Manchester, particularly if this has resulted in a drug driving conviction.

Click here below to find out more

There are analysts who will examine the procedure your sample went through and
highlight any issues.

However, since this procedure has been in over 12 months the laboratories are improving their systems so they are more robust than ever.

Any such analysis would require the cost of a report which would be at least £600.

The difficulty you will face is that the vast majority of the evidence will not be provided unless and until a not guilty plea has been entered to the charge.

If you are willing to accept that you committed the offence even though the evidence has not been fully scrutinised and that you will be disqualified then you may wish to plead guilty, keep your legal costs to a fine to a minimum and start your disqualification as quickly as possible.

On the other hand, if you are not prepared to accept you were over the limit and want to investigate possible defences then we would advise you to seriously consider entering a not guilty plea to the charge.

One of our expert solicitors can discuss your case and assist you with your decision on plea. Free of Charge

The answer to your question is we do not know.

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.

Sativex is a whole cannabis extract and can be prescribed for patients with multiple sclerosis. Currently in the United Kingdom it is also being considered as treatment for brain cancer too.

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.