A forthcoming change in the Law will see the introduction of the offence of Drug Driving.
Before the change, if you were believed to be driving whilst under the influence of drugs, the charge you faced would be “driving whilst unfit”, where the police would have to show that your driving had been impaired because you had taken drugs. But when the offence comes in to force, it will make it a specific offence to be driving whilst having drugs in your system, much like the offence of drink driving.
Drugs will be given a legal “safe” limit, although it is thought that illegal drugs such as heroin, cocaine and cannabis will be given a zero level meaning if any of those drugs are found in your system, it will be said that you have committed the offence. In respect of prescription medication, it is only likely to result in prosecution if you are found to have a higher concentration than the legal “safe” limit.
But as a word of warning, if the Police feel that the taking of your prescription medication has affected your ability to drive, they could still charge you with the offence of driving whilst unfit.
But what if I wasn’t driving?
The new offence will also cover occasions when you are “in charge” of the vehicle whilst under the influence of the drugs. Evidence of driving will not be needed, very similar to the charge of “being drunk in charge”.
How will the Police test for Drug Driving?
The Police are developing testing machines to be located in Police Stations that will be able to detect and analyse if there are drugs in your system and what their concentrations are. It is envisaged that the machines will be similar to the drink drive machine currently in operation. Tests are also taking place to produce a handheld device that can be used at the road side to give an indicator reading.
What will the penalties be for Drug Driving?
It is thought that the penalties for Drug Driving will mirror those imposed for Drink Driving, namely a mandatory disqualification from driving for a minimum period of 12 months together with a fine up to £5,000 or 6 months imprisonment. It is also likely that there will be higher penalties for repeat offenders. If it is said that you were “drugged in charge” of the vehicle, the maximum penalty will be three months imprisonment, a £2,500 fine, or both. The person may also be disqualified from driving or if not, receive ten penalty points on their licence.
Can I contest the charge of Drug Driving?
Most contested Drug Driving matters will relate to the validity of the test results, but more commonly the objection may amount to special reasons such as “had to drive because of an emergency”, “I didn’t know that I had taken that drug” or “I only travelled a short distance”. An expert detailed assessment will provide you with clear advice about your case.
What do I do now?
If you have been arrested on suspicion of Drug Driving or charged with the offence, it is important that you obtain expert advice immediately. At Trident Solicitors we have experience of dealing with drug related driving offences and can provide you with clear advice in your free initial consultation. So call Carl today on 01482 227669 or click “ask a question“
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