Drug Driving - The Law

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Drug Driving Laws in England, Scotland & Wales

UK Drug driving law covers two principal ways in which a drug driving offence can be committed. A driver may be prosecuted for either exceeding the legal limit for certain specified drugs, or for being unfit to drive through drugs of any kind.

It is illegal to:

A police officer may arrest a person without a warrant if they have reasonable grounds to suspect that the person is, or has been, driving or in charge of a vehicle while under the influence of drink or drugs.

While an arrest can be made without conducting a preliminary drug or impairment test first, the police will often require suspected drug drivers to take a roadside drug test that informs officers if a suspect has cannabis or cocaine in their system and/or carry out an impairment test to obtain an indication as to whether the person is unfit to drive through drink or drugs.

When investigating suspected drug driving offences in the UK, the police follow specific procedures. These can include arrest where appropriate, requiring a driver to cooperate with preliminary roadside tests, and requiring the provision of specimens (such as blood or urine) for further analysis. Failure to comply with certain legal requirements can itself lead to further offences.

Drugwipe

Road Side Drug Testing

The police can test suspected drug drivers at the road side using a preliminary road side drug testing device. The securetec drugwipe 3S can detect traces of cannabis and cocaine at the road side in a matter of minutes.

Once a suspected drug driver has been arrested and taken to the police station, a requirement to provide a sample of either urine or blood can be made.

The sample of blood or urine will be sent off for toxicology analysis at a forensic laboratory, the results of which can be used as evidence in court to help secure a conviction.

Although statutory and technical defences may be available, drug driving conviction statistics for England and Wales show that, over the preceding decade, more than 95% of court proceedings for driving with a concentration of a specified controlled drug above the legal limit resulted in a conviction.

Exceeding the Limit of Specified Controlled Drugs Offences

It is a criminal offence to drive, attempt to drive, or be in charge of a motor vehicle on a road or other public place while having a specified controlled drug in your system at a level exceeding the legal limit for that drug.

Section 5A of The Road Traffic Act 1988
Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

There are currently 17 specified drugs for which legal limits have been prescribed. For drugs associated with illegal use, the limits are extremely low and operate on a near zero-tolerance basis.

A driver may be prosecuted for exceeding these limits even in the absence of any observable impairment, as no evidence of impairment is required for a conviction under this offence.

Under the Influence of Drugs Offences (Impaired Driving)

It is a criminal offence to drive, attempt to drive, or be in charge of a mechanically propelled vehicle on a road or other public place while being unfit to drive through drink or drugs.

Section 4 of The Road Traffic Act 1988
Driving, or being in charge, when under influence of drink or drugs.

A person may be prosecuted for driving while unfit through drugs if their ability to drive properly was impaired by a drug. Proof that the drug concentration exceeded a prescribed legal limit is not required for this offence.

Drug Driving Penalties

The penalties imposed by courts upon conviction of a drug driving offence are severe, and can be life changing.

Depending on the specific offence and how serious the offence was.

Court penalties can include:

The consequences of being convicted of a drug driving offence can be far reaching and go beyond the penalties that are issued by the court.

Consequences of a Drug Driving Conviction

Being convicted of a criminal offence such as drug driving can affect your life in many ways that go beyond the legal penalties imposed by the courts.

A court appearance and a resulting criminal conviction, along with the loss of your driving licence, can significantly affect your life.

It may restrict your mobility and independence, limit career opportunities - particularly in roles that require driving. It can create financial strain through fines, legal costs, and increased car insurance premiums, and may also cause difficulties when travelling abroad to countries that ask about criminal convictions.

If you are a recreational drug user, be aware that many drugs can remain in your system for multiple days. If you take prescription medication, always follow the dosage recommended by the healthcare professional who provided the prescription. For prescription and over the counter medication, always follow the advice and warnings in the accompanying information leaflet of the drug your are taking.