Drug Driving

Drug Driving (Driving Whilst Unfit)

 
We all feel a bit under the weather from time to time but it is quite possible that your valiant efforts to drive to work when “drugged up” on certain legal drugs or medicines could lead to you being prosecuted and convicted with a criminal record!  It is also clearly an offence to be under the influence of any illegal drugs so that you are driving whilst unfit to do so.
 
An allegation of driving whilst unfit under the influence of drugs can be brought if the Police have reason to believe that you were driving a motor vehicle on a road or in a public place after consuming drugs. That includes drugs that are legal aswell as those that are illegal!
 
There is no drug drive limit that can be referred to for guidance. The test is first of all whether the substance is a ‘drug’. In the case of Armstrong v Clark it was held that a substance used as a medicine is a drug, something to cure, alleviate or assist an ailing body. Therefore, Codeine will be classed as a drug. However, the quantity will affect each person differently.
 
To secure a conviction, the Crown must prove:
 
  1. That a person was unfit to drive;
  2. Through drugs; and
  3. His driving was impaired.
 

Drug Driving At the Roadside 

The official figures for the number of drug driving offences in the UK are relatively low because at the moment there are no easy ways to test for drug impairment.
 
At the roadside the Police must administer a Field Impairment Test where they test for impairment by observing you whilst you carry out a serious of five tests:
 
  1. The Pupil Measure Test: testing the size of your pupils;
  2. The Romberg test: testing balance and judgement;
  3. The Walk and Turn test;
  4. The One Leg Stand test; and
  5. The Finger to Nose test.
 
There are plans to introduce a drugalyser device at the roadside but these are being trialled at the moment and are not yet in place across the country.
 

Test At Police Station 

If you fail the roadside test, you will be asked to consent to giving a biological sample usually a blood sample, although could be urine, at the police station and for this to be tested for the presence of drugs. The Police should also offer a sample of blood for you to take away from the station. We recommend that you should arrange to have your sample tested as soon as possible (link for our recommended analysts).
 

Why should I consent? 

If you do not consent to providing a blood sample you can be charged with another offence of failing to provide a specimen (link to offence of failing to provide). Unless you have a reasonable excuse for failing to provide the sample such as a fear of needles, you could face conviction of this alternative offence.
 

Legal or Illegal? 

This charge can be brought against anyone who has taken legal or illegal drugs and those drugs impaired their ability to control their vehicle. Over the counter or prescription drugs can often have side effects such as dizziness, drowsiness and impaired judgement which can affect your ability to drive a vehicle. We would assess exactly what you had consumed and how the side effects, if any, would have affected your driving ability.
 
S.11 of the Road Traffic  Act 1988 states that a drug includes any intoxicant other than alcohol. This is likely to mean any substance that affects the self control of the body.
 
In a leading case on this issue, Leetham v DPP, the Divisional Court upheld a conviction for driving whilst unfit under the influence of drugs. Their decision was based upon the defendant’s fast and erratic driving, his admitted consumption of cannabis, the presence of cannabis in his blood on subsequent analysis, the known effects of the drug and the evidence of the officers who stopped him that his eyes were red and glazed and that his speech was slow and slurred.
 
However, merely a trace of a drug will not amount to driving whilst unfit through drugs. A principle established in a very old case authority R v Hawkes (1931) 22 Cr App Rep 172 is that the police must also prove that the driver’s driving ability was impaired.
 

Fighting the allegation 

The allegation of drug driving is an extremely serious one and could lead to a custodial sentence. Our specialist team of lawyers will review the strength of the prosecution’s case against you and advise you on the merits of your case. There are numerous strategies we can successfully apply to drug driving allegations and we would always recommend you speak to us before making any decisions about what to do next.
 
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

Call Geoffrey Miller Solicitors 24 hours 7 days a week on Freephone 0800 085 2784


Not Sure What to Do?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drunk in charge offence by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

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