Drug Driving First Offence UK – What Does It Mean?
Drug Driving First Offence UK – What Does It Mean?

At Parnell and Peel, we understand the immense stress this charge can place on your life. Don’t suffer in silence. Whether you need advice on a drug driving first offence or want to explore your options, our expert solicitors are here to support and guide you through every step of the process.
Please call us on 033 03411690 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.
“Hi Abdul, I would like to thank you and your team for looking after me after been charged with Drink Driving, from the initial contact with Nancy to speaking to you and especially Keiran who represented me in court, who I can’t thank enough. When I thought there was no hope you and Kieran sorted what I thought was a hopeless case. I would strongly recommend you to anyone in the same position. Again thank you to you and your team.”
What to Expect From a First-Time Drug Driving Offence in the UK
If this is your first time facing a drug driving offence, you may be unsure about what lies ahead. Read on to learn more about a drug driving first offence in the UK, including what the charge involves, the potential consequences you could encounter, and how we can try to defend your case.
What is Drug Driving?
In the UK, it is illegal to drive if you have more than set levels of certain drugs in your blood – even if this does not impair your ability to drive. This act is a form of “dangerous driving” offence known as “drug driving”.
It is a surprise to many people that of the 17 controlled substances in the relevant drug-driving legislation, some are legal prescription medications, such as diazepam and lorazepam, used to treat anxiety orders. Each of those 17 controlled drugs has a different legal limit for how much you can have in your system. These limits are often set to the lowest possible level, where your driving ability might become impaired. However, they do rule out passive smoking as a cause. Learn more about this legislation in detail on our drug driving limits page.
If you are found to be over the legal limit of any of these legal or illegal substances, you may be guilty of drug driving.
Providing A Sample To The Police
If the police have reason to believe your ability to drive might be impaired, possibly because you have taken drugs, they may pull you over. Then, they may perform the following tests:
- They may then administer a FIT (Field Impairment Test). This test involves the classic coordination tests like walking in a straight line and touching your nose.
- The police may also require you to provide a sample for a roadside screening kit. These tests can usually only pick up cocaine and cannabis. If the police still suspect you are over the legal limit of a controlled substance, they may also require you to accompany them to the station for a blood test.
Blood test results take a while to come through, so after you have been tested, the police may release you if you’re not charged with any other offences. This may be the situation you are in now.
Refusing a Sample:
It is important to note that it is an equally serious offence to refuse to provide any samples of blood, urine, or saliva when required by the police. It’s always a sensible choice to provide these samples.
Penalties For a First-Time Drug Driving Offence
Naturally, you may be wondering what the consequences are and whether a first offence will lessen the severity of the penalty. A drug driving first offence only very slightly mitigates the penalty you may face if found guilty. For more details, see below.
Will I Go To Jail For Drug Driving?
Even a first-time drug driving offence in the UK carries a potential penalty of up to six months in prison. Whether or not you will be sentenced to actual “time” depends on your case's specific circumstances. Technically speaking, there aren't yet any set sentencing rules for drug driving. There are, however, official suggested guidelines. These guidelines list several mitigating and aggravating factors that might apply to your case.
Aggravating factors:
Aggravating factors may include a history of past similar offences, also being over the alcohol limit, or speeding through a crowded city centre at the same time. These factors make a magistrate more likely to view even a first offence as severe.
Mitigating factors:
Mitigating factors can include that you drove in an emergency for a very short distance. The magistrate might mitigate your penalty accordingly but will still usually have to impose a driving ban if you are found guilty.
Do You Lose Your Licence For Drug Driving?
You will receive a minimum one-year driving ban if you are found guilty of drug driving. This time may be raised to as many as three years if you have another relevant recent offence on your record.
What Are The Other Penalties For Drug Driving?
In addition to a mandatory driving ban and potential prison time if found guilty, drug driving carries several other penalties, such as:
- An unlimited fine of up to £5000 (the maximum a magistrate's court can bestow)
- A criminal record that may make it difficult to find another job or move to certain countries.
- A penalty mark on your licence that lasts for 11 years.
All in all, drug driving, even a first offence, is a serious crime that carries severe penalties. We strongly advise seeking specialist legal advice to maximise your chances of a successful outcome. So, why not see if we can provide it for you?
Talk to Our Leading Solicitors Today
Our skilled solicitors are well-experienced in handling motor offences, with an impressive 95% success rate in overturning or reducing driving bans. For reassurance, browse our client testimonials and case studies to see how we've previously helped clients in similar situations.
If you’d like to explore your options, speak with our specialist drug driving solicitors today for free and with no obligation. Simply call 033 03411690 or Make A Free Enquiry. All enquiries are strictly confidential for your peace of mind.
“Hi Abdul, I would like to thank you and your team for looking after me after been charged with Drink Driving, from the initial contact with Nancy to speaking to you and especially Keiran who represented me in court, who I can’t thank enough. When I thought there was no hope you and Kieran sorted what I thought was a hopeless case. I would strongly recommend you to anyone in the same position. Again thank you to you and your team.”
