For immediate assistance, please reach out to Parnell and Peel Solicitors. We understand the tremendous stress a drug driving charge can place on your life, especially if it’s due to legal prescription medication. You can call us on 033 03411690 or make a free online enquiry with zero obligation. This enquiry process is simple and quick, and it allows us to understand your situation better before we discuss your options. All enquiries are entirely confidential. 

Otherwise, please read on for more information about drug driving charges and how involving a specialist lawyer early on can make a significant difference in your case.

Understanding Drug Driving Offences in the UK

In the UK, drug driving is a serious crime with equally severe consequences. Essentially, it’s illegal to drive if you have more than set levels of certain drugs in your blood – even if this doesn’t impair your ability to drive. This act is a form of “dangerous driving” offence, which is known as “drug driving”. 

The law currently regulates 17 specific drugs. You may be surprised to learn that while eight of these are illegal substances, nine are prescription medications given out by healthcare professionals. 

 

What Is the Limit for Drug Driving in the UK?

Each of the 17 controlled substances has a set legal limit for how much can be in your system, measured in micrograms per litre of blood (µg/L). When the police conduct a blood test and send it to forensics, they’ll check whether your blood levels exceed these limits.

 

Drug Driving Limits for Illegal Substances

In England and Wales, there is a strict zero-tolerance policy towards illegal drugs. However, a small buffer is in place to eliminate the possibility of accidental exposure. 

The limits for illegal substances, listed in microgrammes per litre of blood (µg/L), are as follows:

 

Illegal Substance	Legal Limit (µg/L)
Benzoylecgonine (the main ingredient in cocaine)	50
Cocaine	10
Delta-9-Tetrahydrocannabinol (cannabis and cannabinol)	2
Ketamine	20
Lysergic acid Diethylamide (LSD)	1
Methylamphetamine	10
MethyleneDioxyMethAmphetamine (MDMA/ ecstasy)	10
6-Monoacetylmorphine (one of the three main ingredients in heroin)	5

 

Drug Driving Limits for Prescription Medication

With legal medications, the limits are set above typical prescription doses. This means that, in theory, as long as you’re using the medication as directed by a healthcare professional, you should not exceed the legal driving limits. 

The limits for prescription drugs, listed in microgrammes per litre of blood (µg/L), are as follows:

Prescription Medications	Legal Limit (µg/L)
Clonazepam (used to treat panic disorders)	50
Diazepam (also called Valium, used to treat anxiety, seizures, and alcohol withdrawal)	550
Flunitrazepam (also known as the “date-rape drug” Rohypnol, in its actual medical purpose used to treat insomnia)	300
Lorazepam (used to treat anxiety and sleeping problems)	100
Methadone (used to help people suffering from heroin dependence or chronic pain)	500
Morphine (used for chronic pain relief)	80
Oxazepam (used to treat anxiety, insomnia, and alcohol withdrawal)	300
Temazepam (used to treat insomnia)	1000
Amphetamines (used to treat conditions such as ADHD)	250

 

How Long Do the Police Have to Prosecute for Drug Driving?

When it comes to drug driving, the police generally have six months to prosecute you. However, a significant portion of this time can be spent awaiting the results of your blood test, which can take up to eight weeks or longer. 

During this waiting period, it’s crucial not to become too complacent. This delay can often give people a false sense of relief, thinking the case won’t proceed or the six-month limit will expire without any action. When the results are finally returned, the charge can come as a sudden and unpleasant shock, catching people off guard. 

That’s why, as soon as the police request a sample, it’s a good idea to seek specialist legal advice. Taking this proactive step early on can help you navigate the legal process and give you a good head start preparing for future court proceedings, thus increasing your chances of achieving the best possible outcome.

Can The Police Still Prosecute After Six Months?

Generally speaking, the police cannot charge you for drug driving once the six-month window has expired. However, relying on the clock running out isn’t a wise strategy, especially considering the severe penalties of a drug driving conviction.

 

What Are the Penalties for Drug Driving?

It’s only natural to feel anxious about the potential consequences of a drug driving charge. Knowing what to expect can help alleviate some of that apprehension. Here’s a clear overview of the penalties you may face if found guilty, even as a first-time offender:

1. 1. A Driving Ban: You will face a minimum one-year driving ban. This can extend to three years if you have another similar recent offence on your record.

   2. Up To Six Months In Prison: While not always applied, imprisonment is possible, especially if there are aggravating circumstances or a history of similar offences.

• An Unlimited Fine: You could face a fine of up to £5000 (the maximum a magistrate’s court can bestow).

• A Criminal Record: A drug driving conviction means you’ll have a criminal record, which can affect employment opportunities and restrict travel to certain countries, such as the USA.

• An 11-Year Endorsement on Licence: You will have a penalty mark on your licence that lasts for 11 years. This can have a significant impact if you drive for work and will also increase the price of your car insurance. 

 

How Our Specialist Drug Driving Solicitors Can Help 

If you’re concerned that your blood test result for drug driving may come back as over the limit, don’t despair – there are still options for you. Our experienced team has successfully defended many clients against drug driving charges, and we know how to identify effective defences, including:

• Time Gaps: If there was a significant time gap between being stopped by the police and when your blood is tested.

• Test Kit Accuracy: The roadside test kits can be fallible. We can explore this angle for your defence.

• Evidence Handling: Occasionally, blood test evidence may be mishandled by the police or prosecution.

Our specialist drug driving solicitors boast an impressive 95% success rate in overturning or reducing driving bans. Our testimonials and case studies demonstrate how we have helped clients in similar situations and supported them throughout this difficult time. It is our goal to ensure that you achieve the best possible outcome.

Speak with a Specialist Drug Driving Solicitor Today

In conclusion, if you’re facing a drug driving charge, it’s crucial not to bury your head in the sand and hope the case will simply expire. A proactive approach is essential – consult an experienced lawyer as early as possible to get expert advice tailored to your case. 

Chat free with the Parnell and Peel team by calling 033 03411690 or completing a confidential online enquiry. Every enquiry is confidential, and there’s no obligation to proceed with our services.