In March 2015, drug driving became a specific offence in the UK, bringing serious consequences for thousands of drivers, even for those who took prescription medications within their prescribed guidelines. Under these strict regulations, even tiny traces of illegal drugs can result in a charge for “driving above the specified limit,” leading to a drug driving offence on your driving record. This change has left many otherwise law-abiding drivers facing the possibility of bans or criminal records simply for taking medications as prescribed.
At Kenway Miller Solicitors, we understand how overwhelming (and often unfair) this situation can feel. As one of the UK’s leading firms specialising in drug driving defences, we’ve helped hundreds of drivers avoid conviction and disqualification.
In this guide, we’ll break down the key drug driving codes, sentencing guidelines, and penalties you need to know so you can better understand your rights and the legal options available. Let’s get started.
What Are Conviction Codes?
Driving conviction codes are special numbers that identify different traffic offences. Think of them as a kind of shorthand that helps authorities quickly understand what type of violation’s taken place. Each offence comes with its own unique code, and these codes are really important because they determine how serious the offence is and what penalties you might face.
How it works is, when you get pulled over or involved in a traffic incident, the police or other authorities check your driving record. If you’ve committed an offence, they’ll assign a conviction code based on what happened.
- Minor offences: These might include things like not wearing a seatbelt, ignoring traffic light signals or going over the statutory speed limit by a few miles per hour. They usually come with fewer points, often around 2 to 3.
- More serious offences: More severe violations, such as dangerous driving or driving under the influence of drugs or alcohol (or even attempting to drive under the influence), can lead to more penalty points, anywhere from 5 to 11.
Accumulating too many points on your licence can lead to consequences like losing your driving privileges or facing higher insurance premiums. Plus, if you’ve committed a more serious offence, you could face a driving ban or even a prison sentence.
Common Drug Driving Codes & Convictions
Now let’s take a closer look at specific codes related to drug-related offences, including what each drug-drug driving code means and the penalty points attached to them. This’ll give you a clearer picture of how these codes work in practice and why it’s important to keep your driving record clean.
DG10 Conviction
A DG10 conviction happens when someone is convicted of driving with drugs in their system above the legal limit. This is a careless driving offence that includes both legal (prescription) drugs and illegal ones listed in the law. If you get a DG10 conviction, you could face:
- A minimum one-year driving ban
- A fine
- A community order
- Up to six months in prison
- 3 to 11 points on your licence
- An endorsement on your licence that stays for 11 years
Getting a DG10 conviction also means you’ll have a criminal record, even if you don’t end up serving time in prison.
DG60 Conviction
A DG60 conviction is one of the most serious drug driving offences. It applies when someone causes death by careless or inconsiderate driving while under the influence of illegal drugs that are above the legal limit. If you’re found guilty of this drug driving offence, you may face a prison sentence, with the maximum penalty being 14 years.
Along with a prison sentence, you’ll also have your driving licence taken away for at least a year. You could also face an unlimited fine, a community order, or additional penalties based on the circumstances of your case. This conviction will add serious endorsement codes to your driving record, leading to up to 11 penalty points.
DR80 Conviction
A DR80 code is a driving licence endorsement that shows a driver was convicted of driving or trying to drive while unfit because of drugs. You can get a DR80 code even if your drug levels are below the legal limit if the law decides you’re not safe to drive. Penalties may include:
- A minimum 12-month ban from driving
- 3 to 11 penalty points added to your licence
- An unlimited fine
- A community order
- A prison sentence of up to six months
If someone helps another person drive or tries to drive while unfit through drugs, the original DR80 code changes to DR82.
DG40 Conviction
A DG40 is the endorsement code for being in charge of a vehicle while your drug level is over the legal limit. The main difference between a DG40 and a DG10 is that with a DG40, you’re not actually driving the vehicle, you’re just in charge of it.
For example, if you’re found in your stationary vehicle and the police test your drug levels, you might face a drug driving offence under this code. If convicted of a DG40, it’ll stay on your licence for four years from the date of the conviction. If you don’t get a driving ban, the code offence penalty points will also apply for four years from the date of the offence, which is 10 points on your licence.
DR90 Conviction
DR90 is the offence of being in charge of a vehicle while unfit to drive due to drugs. This means you could be sitting in your car with the keys but not actually driving, and if the police find you unfit to drive because of drug use—even if you’re not over the legal limit—you can still get convicted.
The penalties for a DR90 conviction are the same as for a DG40. If you’re convicted, you’ll face at least 10 points on your licence, which will stay there for four years from the conviction date. If the court thinks your offence is more serious, they might give you a driving ban instead of just penalty points.
Other Drug Offences
Besides the main conviction codes we’ve mentioned, there are some other codes you should know about. Each one indicates a specific type of offence related to driving and helps keep track of a driver’s record.
Drug Offences (11 years on driving record)
| Code | Offence | Penalty Points |
| DR70 | Failing to cooperate with a preliminary test | 4 |
| MR29 | Driving a vehicle while under the influence of alcohol or other substance affecting or diminishing the mental and physical abilities of a driver | N/A |
What are the Drug Driving Limits in England and Wales?
We’ve spoken a lot about the serious consequences of being over the drug driving limits. But what are these limits? And why do they matter? The UK has established specific legal thresholds for various drugs, which are designed to keep the roads safe and deter impaired driving, including:
Illegal Drugs | Threshold Limit (µg/L) |
| 50 µg/L | |
Cocaine | 10 µg/L |
| Delta-9-tetrahydrocannabinol (Cannabis) | 2 µg/L |
| Ketamine | 20 µg/L |
| Lysergic Acid Diethylamide (LSD) | 1 µg/L |
Methylamphetamine | 10 µg/L |
| Methylenedioxymethamphetamine (MDMA) | 10 µg/L |
| 6-monoacetylmorphine (Heroin) | 5 µg/L |
Medical / Prescribed Drugs | Threshold Limit (µg/L) |
Clonazepam | 50 µg/L |
Diazepam | 550 µg/L |
Flunitrazepam | 300 µg/L |
| Lorazepam | 100 µg/L |
| Methadone | 500 µg/L |
| Morphine | 80 µg/L |
| Oxazepam | 300 µg/L |
| Temazepam | 1000 µg/L |
| Amphetamine | 250µg/L |
It’s important to speak to your doctor or pharmacist if you’re unsure whether your prescription or over-the-counter medication might affect your ability to drive.
The police have the authority to test and arrest drivers suspected of operating a vehicle after consuming certain controlled, medicinal drugs beyond the specified limits. If you’re taking prescription medication and plan to drive, it may be beneficial to carry proof of your prescription to show if stopped by the police.
Sentencing and Penalties for Drug Driving Convictions
Below, you’ll find the sentencing guidelines for drug driving convictions, outlining the potential penalties and disqualification periods.
Drug Driving Sentencing Guidelines by Offence Type
Below, you’ll find the sentencing guidelines for drug driving convictions, outlining the potential penalties and disqualification periods.
| Seriousness | Starting point | Range | Disqualification | 2nd offence in 10 years |
| Cat 1 | 12 weeks’ custody | High level community order, 26 weeks’ custody | 29 – 36 months (Extend if imposing immediate custody) | 36 – 60 months (Extend if imposing immediate custody |
| Cat 2 | Medium level community order | Low level community order to High level community order | 17 – 28 months | 36 – 52 months |
| Cat 3 | Band C fine | Band B fine – Low level community order | 12 – 16 months | 36 – 40 months |
Possible Defences for Drug Driving Charges in England and Wales
If you’re facing a drug driving charge, various defences (sometimes referred to as loopholes) can potentially help your case.
At Kenway Miller, we’re committed to providing you with the best support during this challenging time. Led by Matthew Miller, a seasoned motoring solicitor, we focus solely on motoring offences, ensuring you receive tailored assistance without the distractions of larger firms.
If you’re navigating a drug driving charge, don’t hesitate to reach out for expert advice and support. Contact us anytime at 0800 4334 678, and let us help you build your defence.
FAQs
Can I avoid a driving ban if convicted of drug driving?
If you plead guilty or are convicted after trial the offence of driving whilst above the limit carries a mandatory disqualification of at least 12 months unless special reasons connected with the offence apply such as driving only a very short distance or for an emergency. Realistically the only way of avoiding disqualification in the vast majority of cases is to plead not guilty and defend the charge. We are specialists in defending charges of this type and have done so successfully over 250 times since June 2020.
What are the chances of going to prison for a drug driving offence?
While a drug driving conviction can lead to serious penalties, including fines for drug driving and driving bans, imprisonment is typically reserved for more severe cases, such as those involving driving impairment, injury or repeat offenders. The likelihood of prison time will depend on factors like the specific circumstances of the offence and your history. Each case is unique.
Can I clear a drug driving conviction from my record?
In the UK, drug driving convictions remain on your driving record for up to 11 years from the date of conviction.
