The offence of driving with drugs in excess of the prescribed limit makes it an offence to drive with anything from a very small amount of illegal drugs in the body. Preliminary swab tests can be taken for certain substances such as cannabis and cocaine at the roadside. Following arrest, a specimen of blood or urine can be required by the police.
The Illegal drugs for which it is illegal to drive in excess of the prescribed limit in blood are as follows:-
| Illegal Drugs | Threshold limit in blood |
|---|---|
| benzoylecgonine | 50µg/L |
| cocaine | 10µg/L |
| delta-9-tetrahydrocannibinol (cannabis) | 2µg/L |
| ketamine | 20µg/L |
| lysergic acid diethylamide | 1µg/L |
| methylamphetamine | 10µg/L |
| MDMA | 10µg/L |
| 6-monoacetylmorphine (heroin) | 5µg/L |
It only takes a small amount to be over the limit for illegal drugs and, unlike the limit for drink driving, there is no scientific evidence to establish that these amounts would result in driving impairment. This raises the very valid question as to whether the offence has really been introduced in the interests of road safety or whether it is in fact a device to ensure that those who take drugs can be criminalised.
Many of the substances listed above stay in the bloodstream for a very long time, sometimes after the affects have worn off. Yet you could still face a disqualification and a criminal record just by having the remnants of the drugs in your system. Furthermore, how are you expected to know whether the analysis is reliable or not without testing the prosecution case?
There is no doubt that the new offence has put previously law-abiding citizens at risk. Kenway Millers make no secret of the fact that we consider the present law to be arbitrary, unfair and ambiguous.
If you are faced with a drug driving charge, the best way of avoiding conviction is to have specialist legal representation. If you have been accused, and you are certain your driving wasn’t impaired by drugs, do you trust the police evidence, accept a criminal record and move on. Or do you fight back against the injustice of a system that relies on you to admit the offence. Kenway Millers are dedicated to ensure that those who have been accused or given the best possible opportunity to avoid conviction.
