Prescription Drugs and New Drug Driving Laws: Are You Aware of the 8 Drugs and Their Limits?

Blog

1 Jul, 2016

At IBB Solicitors we have experience helping people facing drug driving charges. Please call Caroline Dunne on 01895 207214 for defence advice. Alternatively email roadtraffic@ibblaw.co.uk or complete our online form.

New drug driving laws and prescription medication

New legislation was introduced in March 2015 to deal specifically with drug driving offences.

The new legislation made it an offence to drive with 8 prescription medications above a prescribed limit and with 8 illegal substances.

Drugalysers were also introduced to assist the police in implementing this offence. These drugalysers made it possible to test for cannabis and cocaine at the road side, and involve a saliva test.

The detection of all other substances requires a blood sample to be taken, usually at the police station.

Between March 2015 – April 2016 35 of the 43 police forces in England and Wales, reported 7796 arrests for drug driving – but it is not clear how many relate to prescription drugs and how many to illegal substances.

Legal prescription drugs and threshold limit in the blood

The 8 prescription drugs include:

clonazepam 50µg/L
diazepam 550µg/L
flunitrazepam 300µg/L
lorazepam 100µg/L
methadone 500µg/L
morphine 80µg/L
oxazepam 300µg/L
temazepam 1,000µg/L

The prescribed limits were set by a panel of medical experts who assess the affect of medication on road safety risks.

A driver will be found guilty of the offence of drug driving if they have one or more of the listed medications above the prescribed limits – unless they can prove that the medication and dose were set by a medical practitioner or that they followed instructions on an accompanying leaflet and that there was no impairment to driving.

If a driver is convicted of drug driving they could receive:

an unlimited fine
disqualification from driving for a minimum of 12 months
up to 6 months imprisonment

Unlike the drink driving offence, there have been no sentencing guidelines to assist the courts.

What are the penalties for drug driving?

If you’re convicted of a drug driving offence in England and Wales, the punishment you face will depend on the severity of the offence you have committed. Causing an accident that results in damage to property, injuries to pedestrians or other road users or deaths will attract a much harsher sentence.

A conviction for drug driving, without any other aggravating factors, will attract a minimum of a 1 year driving ban. You may also receive a fine (which is unlimited) and up to 6 months in prison. Being convicted of drug driving, regardless of the sentence you receive, will leave you with a criminal record and will also be recorded on your driving licence for 11 years.

You may also find that a conviction for drug driving causes you problems such as increased vehicle insurance premiums, difficulty travelling to some other countries and problems finding employment, as your conviction will show on your driving licence.

I’m facing a drug driving charge, what should I do?

If you’ve been told you are being charged with a drug driving offence, getting expert legal help at the earliest possible opportunity is the best way to maximise your chances of keeping your licence, as well as avoiding a criminal conviction or a custodial sentence.

Even if the Police say you are not going to be charged with an offence immediately, it is still important to get advice from a qualified drug driving solicitor. This allows you to know what your options are in case you are charged, at a later date, as a result of the Police investigation.