Drug Driving Offence

About Drug Driving Offences

The laws on Drug Driving changed on 2 March 2015. Now it is possible to be convicted of drug-driving even if you are not impaired by the drugs in your system.

Before this date, the only offence which the police could prosecute a person for who was driving or attempting to drive was ‘driving whilst unfit through drugs’. However, this required the prosecution to show that the drugs impaired the person’s ability to drive.

It is important that the court does not treat drug driving offences as if they are drink driving matters. ie. 3 x over the drug drive limit does not equal being 3 x over the drink-drive limit.

Call Now Email Now

Unfit while driving or attempting to drive

Even now, the police regularly charge people under the old ‘unfit’ law which is often then changed to this new offence of exceeding the drug limit once the matter gets to court.

The offences are only committed if the drug driving is on a road or public place.

If you would like to know more please contact us today.

Penalties for drug driving

The penalties for drug driving are not as prescriptive as for drink driving. This is partly because the limits for illegal drugs are set in line with a zero-tolerance approach whilst ruling out accidental exposure.

This is different from the approach taken when setting the limit for alcohol, where the limit was set at a level where the effect of the alcohol would be expected to have impaired a person’s driving ability. There is no official sentencing guideline for drug driving. There is only guidance which does not hold the same weight as an official guideline.

If you would like to know more on alcohol and driving please visit Drink Driving.

Drug Driving in Charge

There is a lesser offence of being in charge of a vehicle while over the prescribed limit. This is a completely different charge and is generally used when there is no evidence of you having driven, but you are found in control of a vehicle. There is a defence if you can show that there was no likelihood of you driving while over the limit.

The penalties are different from drug driving and range from 10 penalty points to a disqualification. Like drug driving, you can be sent to prison being in charge of a vehicle with drugs in your system.

For more information please see our FAQs on drug driving offences below.

Drug Driving Summary

Other Names

Driving or attempting to drive with illegal drugs or medically prescribed drugs in your system, driving with drugs over the prescribed limit

Main Legislation

Section 5A Road Traffic Act 1988

Maximum Penalties

Driving Penalties: A minimum driving ban of 12 months.

Fine: Unlimited.

Court

Magistrates only (unless an appeal)

Imprisonable? Yes – up to 6 months imprisonment.

Have you been charged with a Drug Driving offence?

Get in touch today to find out how we can help.

Relevant Cases

Driving Without Insurance Case Dropped

A driver who was working making deliveries was stopped by police and told he had no insurance. He...

Driver Avoids Totting Ban for a Second Time

A driver who had been disqualified for 6 months in the magistrates' court after a second 'totting...

No Penalty Points for Driving Without Insurance

We recently represented a driver who was caught driving without insurance because his policy had...

Drug Driving Offence FAQs

Are there any other defences for prescription drugs?

You may have a defence to drug driving if you are using a prescription drug and can show that the following apply:

(a) the specified controlled drug had been prescribed or supplied to you for medical or dental purposes,

(b) You took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

You will not have a defence if:

(a) your actions were contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

(b) your actions were contrary to any accompanying instructions about that matter given by the manufacturer or distributor of the drug.

What is the standard of a careful and competent driver?

The law states that the test is an objective one. What that means is that it doesn’t matter what the driver him/herself thinks about the standard his/her driving. What matters is what a reasonable person would consider reasonable in the circumstances. The fact that a driver has not long passed his test does not excuse him from driving carelessly (although it may be mitigation). The driving must be judged at the time of the incident. Therefore the question is: “were his actions reasonable in the circumstances?”. It does not matter that with hindsight, he may have acted differently.

What are the current drug limits for prescription drugs?

Controlled Drug	Limit (microgrammes per litre of blood)
Amphetamine	250
Benzoylecgonine	50
Clonazepam	50
Cocaine	10
Delta-9-Tetrahydrocannabinol	2
Diazepam	550
Flunitrazepam	300
Ketamine	20
Lorazepam	100
Lysergic Acid Diethylamide	1
Methadone	500
Methylamphetamine	10
Methylenedioxymethamphetamine	10
6-Monoacetylmorphine	5
Morphine	80
Oxazepam	300
Temazepam	1000

Pragma Law

5.0

Based on 45 reviews

Ready to review?

a tanas

18:02 25 Nov 21

Working with Lucy Whitaker as my lawyer has been the best thing I could have ever done. She sorted out my problem as BEST and i truly recommend her to anyone that needs to solve car problems.Flavia Campilli

Joseph Paynter

16:18 12 Nov 21

I recently had a case involving an E-Scooter, unfortunately I committed an offence that I didn't even know was illegal. I contacted Pragma Law after reading reviews and outcomes of similar cases, and was put into contact with Lucy Whitaker. Lucy was very professional throughout the whole process, and was very realistic with me about my outcome from the initial phone call. The consultation was extremely through and well carried out, and Lucy was always available to contact if I had any questions. I couldn't have asked for a better outcome from the court after Lucy's representation- from the potential of a suspended sentence reduced to a ban on the lower end of the range, and without a community order. In the court room Lucy was very good at explaining to the Magistrates that the seriousness of the case was nothing like what the sentencing guidelines were designed to punish for (driving a car) and this is what got my punishment reduced. The prices are reasonable, and transparent from the initial phone call with no hidden costs. Would definitely recommend.

Tim NV

14:43 14 Oct 21

Was really impressed with PL and Lucy. Was given great advice (which I wouldn’t have been able to obtain without guidance) throughout the whole process. Every time we communicated over the phone it was followed up with a written email with actions, next steps etc. was also fortunate enough to work with her colleague David too who represented my case where I avoided a ban of 6 months.

Abi Corsi

16:39 14 Sep 21

Lucy is the best lawyer I could have possibly found. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. I was terrified as if found guilty, I would receive 6 penalty points and would have lost my drivers license. Other solicitors I called said unfortunately there was nothing they could do. Lucy on the other hand immediately reassured me and wrote a letter to the police which persuaded them to drop the charges completely. I honestly can’t recommend her enough. Thank you Lucy!

Aziz Abilov

15:29 31 Aug 21

I contacted Pragma Law when I wanted to appeal against a decision made in the Magistrates court. Lucy had picked up my case and advised me on the next steps. She helped me with everything that was required, advised me on all possible outcomes of the appeal, helped me get my licence back until the appeal hearing comes along, and then went ahead and got the appeal accepted in the Crown court. She is not only the best solicitor I’ve worked with, but she is also a wonderful human being. Very lovely and easy to work with, even the judges loved her! I 100% recommend you to contact them with any issues you have.

Asad Ahmed

15:41 21 May 21

5* have dealt with lucy twice now! Very professional. Knows what shes doing! Would definitely recommend!

Bobby Charles

19:05 07 Feb 21

I have had an extremely positive experience with Lucy Whittaker. She is very knowledgeable, very proactive and always explains things in a clear and precise.She was able to convince the court to drop a driving without due care charge despite the police and the CPS disareeing.I would hesitate to recommend Lucy and Pragma Law anyone who needs assistance.

harry bedder

15:53 16 Dec 20

Fantastic Service provided by Lucy, very profesional and quick at getting you answers and providing the help you might need! I will definitly be recomening Pragma Law to anyone I know that has a motoring proplem please do the same...

Jobin Mathew Joseph

18:11 25 Nov 20

Absolutely brilliant! 100 percent reliable! The case was related to driving matter and I had initially approached few other solicitors for help with my case. They all denied saying we would not win the case. But Lucy happily took the case and help me win the case with the best possible outcome.She puts you at ease and confidence. Very responsive in your queries. She genuinely care for case and very pleasant to deal with. Always well prepared and wins you the best possible outcome. Very Very Strongly recommend. Thanks much Lucy.

Lewis Cobley

11:12 05 Nov 20

I highly recommend Pragma Law for any motoring problem. They were very efficient and professional even with little time to prepare.

A Google User

14:30 04 Jul 20

What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.

hannah vanessa

15:45 15 Jun 20

I suffer with anxiety (as many) and this incident completely took over my life for months until I met Lucy. I was super comfortable and confident in her work as she was very professional and was always available to help. Really helped take the stress away - thanks Lucy and thanks Pragma!

Wayne Davies

14:51 08 Jun 20

Rukhsar Latif

13:59 19 May 20

Lucy genuinly cares about her clients she took on my case dealt with everything herself and won my case I couldn't be happier with the results and the service. I will definitely be using Pragma Law again if needs be.

Vicky Clarke

20:16 03 Mar 20

I couldn't have hoped for a better solicitor. Lucy did everything she could to get the best possible outcome for me, and I can't thank her enough

Paul Mercer

17:19 31 Jan 20

Lucy Whitaker provided an impressive, cost effective service. She was objective, responded quickly to questions and, I believe, offered the best advice before efficiently dealing with a case as it came to court.I would have no hesitation either in using Lucy again, should the need arise, or recommending her services.

Rebecca Hodkinson

16:33 19 Nov 19

Lucy represented me in a driving case and I couldn't be happier. She was friendly, professional and pragmatic without giving me false hope. The outcome was a more positive one than I expected and that's down to her advice and detailed preparations. Would highly recommend! Thank you Lucy!

Gary Sykes

22:12 04 Oct 19

We were so impressed with Lucy Whitaker. She represented our son in an unusual driving case which thanks to her knowledge, care & understanding, ended in a much better than expected outcome. Clear, concise & professional, we highly recommend her... can't thank her enough!!

‹

›

Contact Us

Get in touch today by simply filling in our contact form and one of our friendly team will get back to you.
Alternatively, call us on: 0115 784 0382 or email us at: [email protected]