DRUG DRIVING SOLICITORS
Geoffrey Miller Solicitors are specialist Drug Driving Solicitors. Call our team of experts for some free initial advice.
98%
Success Rate
Defending Drug Driving Blood
Cases†
172
Drug cases won since 2015
|
Driving Whilst Unfit Through Drugs and Drug Driving
|
Won
|
Lost
|
Total
|
|---|---|---|---|
|
2015
|
3
|
0
|
3
|
|
2016
|
30
|
2
|
32
|
|
2017
|
21
|
3
|
24
|
|
2018
|
12
|
1
|
13
|
|
2019
|
15
|
3
|
18
|
|
2020
|
14
|
2
|
16
|
|
2021
|
32
|
0
|
32
|
|
2022
|
33
|
1
|
34
|
|
2023
|
33
|
0
|
33
|
|
2024
|
35
|
1
|
36
|
|
2025
|
39
|
1
|
40
|
|
Total |
267 |
14 |
281 |
*We believe in transparency in everything we do whether it be in the way we charge for our services, outline our track record, or provide excellent support and communication to our clients throughout their cases.
From 1st January 2021 until 31st December 2025
We WON 98% of our Drug Driving cases!
We defended a total of 175 drug driving blood cases and won 172 cases.
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Drug driving and driving when unfit through drugs
There are two alternate charges a motorist could face if apprehended when driving with drugs in their system:
- Driving when unfit through drugs; or
- Drug driving
A conviction for either offence can result in penalty points, a driving ban, a fine, or even imprisonment, depending on the severity of the case. The prosecution must prove impairment or that drug levels exceeded the legal limit, but errors in testing procedures, medical conditions, or insufficient evidence can be challenged to build a strong defence.
There are two alternate charges a motorist could face if apprehended when driving with drugs in their system:
- Driving when unfit through drugs; or
- Drug driving
A conviction for either offence can result in penalty points, a driving ban, a fine, or even imprisonment, depending on the severity of the case. The prosecution must prove impairment or that drug levels exceeded the legal limit, but errors in testing procedures, medical conditions, or insufficient evidence can be challenged to build a strong defence.
Driving when unfit
ROAD TRAFFIC ACT 1998, s.4(1)
View Sentencing Council Guidelines for Driving when unfit through drugs penaltyDriving when unfit though drugs is the old style offence rarely used by police these days due to onerous additional requirements to prove a motorist was impaired by the presence of drugs.
Evidence can include witness testimony, police observations, and medical or toxicology reports, making these cases more complex to prosecute than drug driving cases under Section 5A.
Sentencing for driving when unfit through drugs is approached through sentencing guidelines that categorise the case based on harm and culpability, with a similar approach to a drink driving charge.
Driving when unfit
ROAD TRAFFIC ACT 1998, s5A
View Sentencing Council Guidelines Drug Driving Guidance OnlyThe new style drug driving offence was introduced in 2015 and is now possibly one of the most common motoring offence types the expert team at Geoffrey Miller Solicitors come across.
The introduction of specified limits of a number of legal and illegal substances has essentially paved the way for police to apprehend motorists for a drug driving allegation even when there was no sign that a motorist was impaired in any way.
Sentencing for driving when unfit through drugs is approached differently to a drink driving charge due to the zero tolerance approach that was taken to establishing drug limits for illegal drugs.
Drug driving means impairment is no longer important
Prior to 2015 when the specified drug driving limits were introduced, the only way in which the drug related charges could be pursued against a motorist was by proving that the motorist was unfit or impaired in some way by the presence of a drug in their system. This involved taking blood or urine to test for the presence of drugs combined with an impairment test.
At the roadside the Police would have to administer a Field Impairment Test where they test for impairment by observing you whilst you carry out a serious of five tests:
01
The Pupil Measure Test
Testing the size of your pupils can indicate drug impairment, as certain substances cause abnormal pupil dilation or constriction beyond normal responses to light.
02
The Romberg Test
Testing balance and judgment by assessing a person’s ability to maintain posture and estimate time, which can be affected by drugs or alcohol.
03
The Walk and Turn Test
A divided attention test that requires an individual to walk in a straight line, turn, and return, assessing coordination and ability to follow instructions.
04
The One Leg Stand Test,
This test evaluates balance and concentration by requiring the individual to stand on one leg while counting, detecting signs of impairment.
05
The Finger to Nose Test
A test of motor control and coordination, where the subject must touch their nose with their finger while keeping their eyes closed.
06
The Modified Gaze Nystagmus Test
This assesses involuntary eye movements, which can indicate impairment from alcohol or drugs affecting the central nervous system.
The 2015 law change and introduction of the drug driving offence essentially removed any requirement to demonstrate impairment. It is therefore no defence to argue that you felt fine or that you consumed drugs hours or days before the arrest. Ultimately, if your blood sample comes back with drugs measured over the specified limit, this and proof that you drove will be all that is needed to make out a drug driving charge.
Drug driving roadside procedure
The police no longer conduct the complex field impairment tests in most cases but instead use roadside swab devices that are able to detect the presence of cannabis or cocaine in your saliva.
If the police are suspicious that you may be impaired by the presence of another drug, such as an amphetamine for example, they may still undertake a field impairment test as the swab devices would not detect the amphetamine in saliva.
The vast majority of drug driving cases we work on will involve cannabis/THC or cocaine/BZE as these drugs are capable of detection on the roadside swab.
Drug driving police station procedure
If you fail the roadside swab test, you will be asked to consent to giving a biological sample, namely a blood sample, 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. Independent testing can help identify discrepancies, confirm prescription drug levels, or highlight issues with the handling of your sample—all of which can strengthen your case in court.
Why should I consent to providing a drug driving blood sample?
If you do not consent to providing a blood sample you can be charged with another offence of failing to provide a specimen. Refusing to provide a blood sample can lead to harsher penalties, including a driving ban, a fine, and even imprisonment. Additionally, a conviction for failing to provide a specimen is often treated as seriously as a drug driving offence, meaning you may face similar consequences even without evidence of drug use. Seeking legal advice before making any decisions is crucial to understanding your rights and the best course of action.
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.
PRICING STRUCTURE
We have developed a number of pricing structures to suit clients on most income levels. To some clients, minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty.
The Finest Bronze Package is the lowest cost option we offer to all clients who wish to receive the very best legal representation but at a competitive price. Our goal is to provide clarity on costs upfront, so you know exactly what to expect.
What about urine?
The police are often dismissive of suspects who complain of a needle phobia when arrested for a drug driving offence. This is because, the specified limits for drug driving are only valid as a measurement in a blood sample. There is no equivalent urine measurement for drug driving limits.
Therefore, if you refuse to provide blood or are incapable of providing a blood sample, the police could not offer an alternative sample of urine in the same way as they can with a drink driving case. The police would have to instead consider the old style driving when unfit through drugs and if there was no evidence of the suspect being impaired, then this would be inappropriate as a charge for the old style driving when unfit would likely fail.
We are well know as Drug Driving Solicitors and have helped countless people. Our success rates speak for themselves.
|
Driving when unfit through drugs
|
Drug driving (introduced in 2015)
|
|---|---|
|
The prosecution must prove
|
The prosecution must prove
|
|
|
|
|
Legal or Illegal Drugs?
Both the old style driving when unfit through drugs or the new style drug driving offence can be brought against anyone who has taken legal or illegal drugs. 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 through 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 the old style 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.
This is why the new legislation has been introduced. Under the 2015 drug driving laws, the need to prove impairment is no longer required.
Legal or Illegal Drugs?
Both the old style driving when unfit through drugs or the new style drug driving offence can be brought against anyone who has taken legal or illegal drugs. 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 through 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 the old style 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.
This is why the new legislation has been introduced. Under the 2015 drug driving laws, the need to prove impairment is no longer required.
Drug driving limits
There are a number of drug driving limits for legal prescription drugs and a zero tolerance approach to illegal drugs.
Table of drugs and limits
|
‘Illegal’ drugs (‘accidental exposure’ – zero tolerance approach)
|
Threshold limit in microgrammes per litre of blood (µg/L)
|
|---|---|
|
Benzoylecgonine
|
50µg/L
|
|
Cocaine
|
10µg/L
|
|
Delta-9-tetrahydrocannabinol (cannabis)
|
2µg/L
|
|
Ketamine
|
20µg/L
|
|
Lysergic acid diethylamide
|
1µg/L
|
|
Methylamphetamine
|
10µg/L
|
|
Methylenedioxymethamphetamine (MDMA)
|
10µg/L
|
|
6-monoacetylmorphine (heroin)
|
5µg/L
|
|
‘Medicinal’ drugs (risk based approach)
|
Threshold limit in blood
|
|---|---|
|
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
|
|
Amphetamine
|
250µg/L
|
Fighting the drug driving allegation
The allegation of drug driving is an extremely serious one and involves a mandatory minimum 1 year ban, is a criminal record and in very serious cases, could lead to a custodial sentence.
The Geoffrey Miller Team are expert drug driving solicitors, defending charges pursuing numerous defence strategies to drug driving allegations many of which are unique and unknown by other law firms (even supposed experts in the field).
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist drug driving solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment 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.
-
Not Sure Whether to Contact Drug Driving Solicitors?
Most people who get in touch with our team of motor offence expert drug driving 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 drug driving offence charge they face 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 1389 123 to speak to one of our specialist drug driving offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment 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 drug driving ban 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.
We think we are simply the best drug driving solicitors in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
CALCULATORs
DRUG DRIVING BAN CALCULATOR
The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drug driving ban calculator or other calculators to give you a rough idea of the penalty you could incur…
DRUG DRIVING COST CALCULATOR
Based on our 2020 market research you can use this form to calculate the likely costs including increased car insurance cost if you were to be convicted for drug driving...
CALCULATOR
TOOLS
Use our calculator tools to find out what motoring offence penalties or financial costs you could be facing if convicted. Whether you’re concerned about fines, points, or driving bans, these tools provide a quick estimate based on your situation.
Ask Our Clients
Still not sure if you should instruct us to help you?
We find that clients who have received our details via a recommendation from a friend or acquaintance feel far more at ease in placing their case (and fate) in our hands than those clients who have found us on the internet. We have therefore come up with a system which is the nearest way of you receiving a completely independent review of the firm , our service and expertise.
