How Long Do The Police Have To Prosecute For Drug Driving?
How Long Do The Police Have To Prosecute For Drug Driving?
If you are facing a drug driving charge, it is important to understand how the system works. In our long experience of successfully defending people against motoring offences, we find one of the first things that people in your position ask is, “How long do the police have to prosecute for drug driving?”
The short answer to this question is that for drug driving they have six months to charge you. However, even if you are well into this time window, you should be aware that it is no guarantee the police won’t charge you by the time it runs out.
Reach out to one of our specialist drug driving solicitors today – for FREE and with no obligation – by giving us a call on 033 03411690 or by completing a Free Online Enquiry with zero commitment to use us.
Can’t recommend Abdul and his team enough.
Even when I taught there was nothing I could Abdul reassured he would do everything he could.
Very perfessional and were always at the other end of the phone.
Received the best outcome there is and kept my license.
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Here is everything you need to know about drug driving and how long the police have to take you to court for it:
What Is Drug Driving?
In 2015, changes were made to the Road Traffic Act. These changes made it illegal to drive with more than set quantities of 17 specific (legal and illegal) drugs in your system. Offences under this new clarification of the law are widely referred to as drug driving.
Some of the drugs listed are perfectly legal when prescribed by a physician. However, it has been judged that they impair your ability to drive to an extent that people shouldn't be allowed to do it.
No matter whether it was one of these legal prescribed medications or a drug that is illegal in the UK anyway (like cannabis or cocaine), the police must prove you had over that set amount of that particular drug in your body while driving. If they believe they can, they will charge you with drug driving.
What Is The Penalty For Drug Driving?
Drug driving is a serious motoring offence, sometimes referred to as a type of dangerous driving. The consequences of being found guilty are equally serious. Even for a first offence, you could face:
- Six months in prison – this is a particular risk if you have a history of similar offences or aggravating factors like also being over the alcohol limit at the same time.
- A mandatory minimum 12-month driving ban – will be the shortest ban that the court can give you. This can be raised to as many as three years for particularly egregious offences.
- A theoretically unlimited fine – but practically a maximum of £5000, the highest that a magistrates' court can hand out.
- A criminal record – this will make it harder for you to find work in future and will add to your future car insurance bill.
- A penalty on your license – that will show you have been found guilty of drug driving and will stick with you for the next 11 years.
This is all important to bear in mind. Because many people wondering how long the police have to prosecute for drug driving are essentially hoping that the clock will “tick down” and they will escape the consequences.
Crossing your fingers and hoping for the best is always a bad idea in legal matters – especially when the penalty for drug driving is so serious. It is always a good idea to at least discuss your situation with a skilled drug driving solicitor as soon as possible.
How Long Do The Police Have To Charge You With Drug Driving In The UK?
For drug driving, six months to charge is the timeframe the police have to prosecute you in.
However, a large part of this time often elapses while the police are waiting for the blood sample you provided to be tested by a forensic scientist and the results sent back. This can take anywhere up to eight weeks or two months or even longer.
The result is that people who are charged with drug driving can be lulled into a false sense of security because the police do not continue action for several months. Then, the test result arrives and the charge is made.
Can Police Prosecute After Six Months?
Generally speaking, no. The police cannot charge you for drug driving once the six-month window has expired. That six-month limit applies to many different types of crimes – especially summary-only offences like drug driving. There are many exceptions, but not usually for drug driving.
Again though, it is a very bad idea to wait around hoping for the best. If you are arrested for drug driving, you should always get expert legal advice right away.
Contact Us
Want to speak with a specialist drink and drug driving solicitor about your situation for FREE and with no obligation? Contact us now on 033 03411690 or by complete a Free Online Enquiry to arrange a commitment-free chat with one of our experts.
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Wow, words cannot express how happy I am today when I was told the good news by Abdul that my drink drive court case has been dropped.
From the very first day I contacted Abdul when i was charged with drink drive offense, he assured me to calm down and that he will do all he can to get me the possible outcome and that is exacted what I had.
I will 100% recommend Parnell and Peel Solicitors to you if you find yourself at the wrong side of the law.
Once again, thank you Abdul, Thank you Parnell and Peel Solicitors.
I was stopped for drink drive I was devastated as I stood on the verge of losing everything
I spoke to Abdul and he was reassuring and informed me that we could put a technical defence forward.
The prosecution on the day of the trial offered no evidence.
I am so grateful to the team at Parnel.
My experience was excellent particular thanks go to Abdul
Abdul Ali was extremely helpful and re-assuring throughout the process.
He was always available and on-call even outside your traditional working hours.
I’d highly recommend Abdul as with his experience and confidence regarding the matter, he’s always comfortable in dealing with it as he’s been there and done it many times before!
First of all I would like to start with a massive Thankyou to Abdul Ali and his team.
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I was charged with Failure To Provide Specimen with the suspicion of driving under the influence of alcohol.
The prosecution was looking to throw the book at me give a custodial sentence however due to Abdul’s above and beyond examination of the evidence it was concluded that the prosecution had no case as they had no evidence of me driving the car.
If you are in trouble it is always worth getting legal advice and seeing what can be done.
This guy is an extremely educated person and knows exactly what he is talking about.
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After a gruelling process of putting forward a post consumption defence the CPS failed to counter defend the evidence presented by the team at Parnell and Peel.
I’m a happy man and glad I get to keep my licence!
“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.”
Contacted Pamell and Peel on Friday re a driving offence.
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Abdul has been extremely helpful.
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I am extremely grateful for the exceptional services provided by solicitor Abdul in my drink-driving case.
His expertise and dedication resulted in a successful outcome even before we went to court.
I was impressed by his thorough understanding of the legal system and his ability to navigate through the complexities of my case.
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Thank you for your outstanding work!
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Answered all calls and texts with helpful information and on the day of court.
He got me the outcome I wanted
Drink driving- Not guilty.
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I was certain I would lose my license at the time.
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He clearly has a lot of experience and knowledge.
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I had charge from the court for 12 points for two different incidents.
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These guys are the real deal. Abdul was absolutely excellent in dealing with my drink driving case. We didn’t have a very strong case but thanks to his preparation, perseverance and calm approach in court, the charge was dropped.
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Mr Abdul Ali took my case on a few weeks before my case, he understood how vital it was for me to not get a ban on my driving licence due to totting up of points.
He was reassuring all through out the build up to my case, he guided me all through the information I would need for presenting evidence for an exceptional hardship case and on the day went through how the court process would be.
I was very nervous but through his expertise and guidance I was able to present my case and was successful in not being banned from driving.
I could not state highly enough how valuable he was to my case and me personally as soon as I met him I knew he was the right solicitor for me.
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“My family and friends were sceptical about using Solicitors after I was stopped for drink driving. Parnell & Peel Solicitors were willing take a case on that others told was hopeless. I am astounded by Abdul and his teams brilliance in helping me to avoid conviction. If you have been stopped for drink driving do not hesitate to use Parnell & Peel Solicitors.”
Can’t recommend Abdul and his team enough.
Even when I taught there was nothing I could Abdul reassured he would do everything he could.
Very perfessional and were always at the other end of the phone.
Received the best outcome there is and kept my license.
They done the impossible, got caught drink driving, I thought I would lose my license, however Abdul Ali insisted that I had a case, I just decided to take the risk, it went a lot better than I could have ever imagined.
He managed to drop my case before it got to the second trial, the whole experience was very smooth and he was very positive and uplifting throughout the whole process.
Just trust them and leave them to do their job.
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