Testing positive for drugs whilst driving can have a series of damaging consequences, which can ultimately lead to a driving ban, a criminal record, and even a prison sentence. Understanding what happens next is crucial to preparing yourself for the legal challenges that lie ahead. Here’s what you need to know.
What Are the Potential Charges for a Failed Drug Test in England?
There is now a “zero tolerance” approach for drug driving in England and Wales. Therefore if you fail a roadside drugs test you can expect to be arrested and the police will require a blood specimen from you at the police station. If your blood is analysed as being over the limit for any controlled drug you will be charged, normally by way of postal requisition and be required to attend Court. The sentence imposed if convicted will depend on the severity of your offence. Some of the possible options open to a Court are as follows:
- A minimum driving ban of 12 months
- An unlimited fine
- A community order made up of rehabilitation requirements, a curfew and/or unpaid work
- A 6-month prison sentence
Which Drugs Are Screened For in the Roadside Drug Test in England?
A roadside drugs test in England and Wales screens for traces of cannabis and cocaine. If your saliva swab has a positive result, then you will be taken to the police station where a requirement for a blood specimen will be made. The blood specimen will be tested for 17 controlled drugs in relation to which there are legal limits.
As you can see in the table below, laws against drug driving are strict, and the legal limit for these substances in your blood is extremely low.
| Illegal Substance | Limit |
|---|---|
| 6-monoacetylmorphine (Heroin) | 5 µg/L |
| Benzoylecgonine | 50 µg/L |
| Methylenedioxymethamphetamine (MDMA) | 10 µg/L |
| Cocaine | 10 µg/L |
| Methylamphetamine | 10 µg/L |
| Delta-9-tetrahydrocannabinol (Cannabis) | 2 µg/L |
| Lysergic Acid Diethylamide (LSD) | 1 µg/L |
| Ketamine | 20 µg/L |
But it’s not just illegal substances for which your blood sample will be analysed. When taken in certain dosages. In the table below, we’ve highlighted the limits of certain prescribed drugs.
| Prescription Drugs | Threshold limit (µg/L) (microgrammes per litre of blood) |
|---|---|
| Temazepam | 1,000 µg/L |
| Clonazepam | 50 µg/L |
| Oxazepam | 300 µg/L |
| Diazepam | 550 µg/L |
| Morphine | 80 µg/L |
| Flunitrazepam | 300 µg/L |
| Methadone | 500 µg/L |
| Lorazepam | 100 µg/L |
How Can I Explain a Failed Drug Test?
After failing a drug test, it’s only natural to feel a complete lack of control over the situation. However, whether you have taken legal or illegal drugs, or you believe that the outcome could be the result of procedural error; it’s important to be able to explain the context of these results. Some explanations include:
- Prescription Medication: If you have been legally prescribed certain medications and have taken them as directed you may trigger a positive result. You can easily clarify why you have taken these drugs by providing a doctor’s note or prescription – this evidence will support your defence.
- Passive Exposure: Exposure to second-hand cannabis smoke could lead to trace levels of the drug being detected in your blood.
- Procedural Error: Testing errors, faulty equipment, improper handling of your samples, or a failure to follow correct testing procedures either at the roadside or at the police station could yield a positive result that your solicitor could challenge.
- Residual Drug Levels: Some drugs, such as cannabis, can stay in your system for weeks, and are known as residual traces. These may not impair your ability to drive, however, they may still yield a positive roadside drug test which will indicate drug misuse.
How Long Does it Take for Police Drug Test Results to Come Back?
Typically, the average time it can take for your blood test results to come back in the UK is six to eight weeks. However, this period isn’t fixed, and it’s not uncommon to wait longer for the outcome. There are many reasons why your drug test results may take longer than the expected time and most of these are beyond your control. These include:
- The lab may be short-staffed
- There may be a backlog of samples
- The process at the police station may have been slower than usual
What Should I Do While Waiting for My Drug Test Results?
This is a nerve-wracking time and feelings of hopelessness and a lack of control over the situation are normal. However, if you are considering challenging your results and your offence, then you should reach out to a solicitor who specialises in drug driving cases. They will be able to pinpoint any weaknesses and highlight any potential loopholes in your case.
FAQs
Can police drug test you for no reason?
No. A police officer must have a valid reason to suspect you might be driving under the influence of drugs. If you are driving erratically or dangerously, have been in a collision, or display behaviour that is consistent with drug use such as dilated pupils, slurred speech etc, then police officers can request a roadside drug test.
Will I lose my driving licence if I’m convicted of drug driving?
Yes. There is zero tolerance for drug driving in the UK, and if you are convicted you can expect an instant driving ban of 12 months (minimum). Additional penalties typically include an unlimited fine, a prison sentence or both. You will also have a criminal record.
What type of drug testing kit do the police use?
To test at the roadside, police in the UK use DrugWipe kits. These saliva-based kits can detect substances such as cocaine, and cannabis. If results are positive, you will be taken to the police station where a subsequent urine and blood test will be used to check the type of drug and the quantity of it in your system.
What defences are available in drug driving cases?
Your solicitor will be able to assess your case and highlight any potential challenges you can raise. The most common drug-driving defences include procedural errors, inaccurate testing, or proving that the drug levels were from prescription drugs (taken as prescribed).
How can a solicitor help me if I’m charged with drug driving?
Your solicitor will be able to review the evidence, identify any potential challenges you can make and represent you in court.
