In the UK, drug driving is treated as a severe offence, covering not only illegal drugs but also prescription medications that can impair your ability to drive safely. If the police suspect you’ve been operating a vehicle after exceeding the legal limits for specific substances, they can stop you and conduct tests. Failing these tests can result in arrests, charges, and severe legal consequences.
In this guide, we’ll outline how the police conduct drug driving tests, what you should expect during the process, and how to respond if you believe the procedures haven’t been followed correctly.
If you find yourself in this situation, it’s crucial to seek expert legal advice immediately. Contact Parnell and Peel today for representation across England and Wales. We have a 95% success rate in reducing or overturning driving bans. Call 033 03411690 or make a free and confidential online enquiry with no obligation to proceed.
How Do Police Test For Drug Driving?
Let’s begin with some background information. In 2015, new drug driving laws were introduced in the UK, setting specific legal driving limits for a range of 17 legal and illegal substances. According to the law, you can be convicted of drug driving if either of the following applies:
- You’re unfit to drive due to being under the influence of legal or illegal drugs.
- You have certain levels of illegal drugs in your blood, even if the drug has not visibly impaired your driving.
If you fall into these categories, you could be charged with drug driving. A drug-driving charge carries serious consequences which can impact your life and employment prospects, including:
- A minimum one-year driving ban
- An unlimited fine
- Up to six months in prison
- A criminal record
- Your driving licence will show the conviction for 11 years
Given the significant penalties involved, understanding how the police conduct drug driving tests is crucial. Knowing what to expect and how to respond can better prepare you for the process and help you identify any irregularities which can be vital in building your defence.
The Drug Driving Testing Procedure
Here’s a breakdown of how drug driving tests typically happen in the UK. It’s crucial to always remain calm and respectful during these tests. Seeking legal advice as soon as possible is also highly recommended.
Stopping the Vehicle
Firstly, the police will signal you to pull over. The police will generally need a ‘reasonable suspicion’ to stop and test a driver for drug use. This suspicion is often based on factors like your driving behaviour, the condition of your vehicle, or any intelligence suggesting that you may be under the influence of drugs.
Once you’ve stopped, the police may look for further signs to support their suspicions, such as erratic behaviour, slurred speech, red eyes or dilated pupils. These signs help justify the need for a roadside drug test.
Test Methods
The police must prove that you were driving at the time of the alleged offence and that your drug levels exceed the prescribed legal limits. First, you’ll undergo a Field Impairment Test (FIT), where the police assess your coordination and cognitive abilities. If you fail this, or if a roadside drug kit shows positive results, you’ll be arrested and taken to the station for a blood or urine sample test that can confirm the presence of drugs.
1. A Field Impairment Test (FIT)
The first step is a Field Impairment Test (FIT), which helps determine whether you can drive. The officer will assess your physical coordination and cognitive ability through tasks like walking in a straight line, balancing on one leg or touching your nose with your finger. While these tasks help gauge impairment, they are not always reliable or objective. The police may also use a roadside drug kit and ask for a saliva sample to screen for cannabis and cocaine to establish the presence of drugs.
If you fail the FIT or the saliva test shows a positive result, you will be arrested and taken to the police station for further and accurate testing by a medical professional.
2. Blood or Urine Sample
At the station, the police will likely require you to provide a specimen of blood (or urine), which gets sent to a laboratory for analysis. If the results show that your drug levels exceed the legal limits and it’s proven you were driving at the time, the police can use the evidence to bring a prosecution.
Drug driving blood test procedures are carefully regulated to ensure accuracy and legality. You should experience the following:
- The police must inform you of their intention to conduct the test and clearly explain why they suspect you of drug driving.
- The blood test must be carried out by, or under the supervision of, a healthcare professional to ensure compliance with strict medical standards and to safeguard the integrity of the results.
- Every action, from the police officer’s initial suspicion to the handling of your blood sample, must be thoroughly documented by the police officer. This documentation creates a trail of evidence and can be crucial in your defence.
Drug Driving Test FAQ’s
Do you still have pressing questions about drug driving tests? We’ve compiled answers to some of the most commonly asked questions to provide clarity and help you understand the process.
Can You Deny a Drug Driving Blood Test?
While you can technically refuse a drug driving blood test, doing so can have serious consequences, including a custodial sentence and suspending your driving licence. Complying with the test is highly advisable to avoid aggravating your situation.
How Accurate are Police Blood Tests?
Drug driving blood tests are generally highly accurate. Experienced doctors and nurses administer the tests, and then the samples are sent to forensic labs that adhere to strict procedures to ensure accuracy and reliability.
However, like with any process, things can go wrong – whether in handling, storage, testing of the sample, faulty equipment or even plain human error. It could form a crucial part of your defence if something goes awry.
How Long Do Drug Driving Test Results Take?
Waiting for your drug driving test results can be a lengthy process. After your sample is taken, it needs to be sent off, tested in a lab, and then returned to the police, who will need to notify you. The average wait time for drug driving test results is approximately six to eight weeks, although this is not a fixed limit.
Please view our detailed article, ‘Awaiting Blood Results For Drug Driving, ’ for a deeper dive into what to expect during this period.
How Long Does It Take to Prosecute?
The police have up to six months to press charges for a drug driving offence. However, you can spend much of that time waiting for the blood test results to return from the lab. It’s important not to assume that no news means you’re in the clear, as charges can still occur at any time within this six-month window.
Rather than hoping for the best, immediately engage a specialist drug driving solicitor. A specialist lawyer can advise you, steer you through the process, and help you craft the most robust defence possible. The sooner you seek professional advice, the better equipped you’ll be for any developments that come your way.
If you’d like to learn more about this in further detail, don’t miss our helpful ‘How Long Do The Police Have To Prosecute For Drug Driving?’ article.
Seek Advice from Parnell and Peel About Your Drug Driving Test
If you’re awaiting your test results, now is the perfect time to consult our drug driving specialists. Even if you’re concerned that your blood test will exceed the legal limit, there could still be potential avenues for you to explore.
Our team boasts a 95% success rate in overturning or reducing driving bans and can identify solid technical defences to support your case. To see how we’ve helped clients in your circumstances, view our excellent client testimonials and case studies to learn about the outcomes we’ve achieved.
Contact us today to discuss your case for free and with no obligation to use our services by calling 033 03411690 or submitting a confidential online enquiry.
