DRUG DRIVING CANNABIS THC
Drug Driving Cannabis THC – Geoffrey Miller Solicitors are specialist Drug Driving Solicitors. Call our team of expert drug driving solicitors for some free initial advice.
98%
Success Rate
Defending Drug Driving Blood
Cases†
†Defending drug driving blood cases from 1st January 2021 to 31st December 2025.
One of the first things we suggest you do if seeking representation to defend a drug driving charge is to do your “due diligence.” Being involved in the criminal justice system can be overwhelming, frightening and unpredictable. Choosing the right legal representation is arguably the only thing within your control when faced with a drug driving charge. We recognise this can be a challenge as there will be many factors you need to consider including cost, expertise, service and a strong track record of achieving the results you are aiming for.
This page is intended to help you with that process but we also urge you to contact us to speak to a member of our talented legal team for further information about your options and all of these other factors.
Track Record – Statistics
Some lawyers, especially those with a poor track record or those who do not collect data about their performance, seek to rubbish our use of statistics. We understand why some lawyers who reference stats in vague or misleading ways can make you doubt the authenticity of our stats. However, we invest heavily in ensuring the data we present is the real deal!
- We publish winning and losing cases. (Watch out for the firms that only refer to winning cases!)
-
We define what winning and losing means:
WIN means NOT GUILTY of the offence we were appointed to defend whether this is by way of a discontinuance, the prosecution offering no evidence, the court dismissing the prosecution or an appeal against conviction being upheld (On this note, we are often appointed to appeal convictions in cases lost by other firms!)
LOST means the client was convicted and did not appeal or lost on appeal. - Our track record is supported by our external review profile.
- We have a verification review scheme whereby you can speak with a client we have represented independently of us (Ref Me).
- We provide more detailed reasons for the losing cases on request.
So, onto the figures: Since the offence of drug driving was introduced in 2015 up until the end of 2025, the Geoffrey Miller team have achieved a NOT GUILTY verdict in 185 out of 197 drug driving cases involving cannabis or THC allegations leading to a 94% success rate.
|
Drug Driving Cases – Cannabis – 2015-2025
|
Won
|
Lost
|
Total
|
|---|---|---|---|
|
2015
|
3
|
0
|
3
|
|
2016
|
24
|
1
|
25
|
|
2017
|
18
|
3
|
21
|
|
2018
|
9
|
2
|
11
|
|
2019
|
10
|
2
|
12
|
|
2020
|
13
|
1
|
14
|
|
2021
|
20
|
1
|
21
|
|
2022
|
24
|
1
|
25
|
|
2023
|
17
|
0
|
17
|
|
2024
|
25
|
1
|
26
|
|
2025
|
22
|
0
|
22
|
|
Total |
185 |
12 |
197 |
This is not a claim that you will have a 94% chance of success in your drug driving case involving cannabis or THC
The cannabis drug - drive limit
The cannabis drug driving limit is incredibly low. It is an offence to drive with more than 2µg of cannabis per litre of blood in your system. This limit was introduced as part of a zero-tolerance approach to driving with illegal drugs in your system.
Unlike alcohol, cannabis breaks down slowly, long after the effects of the drug have worn off and can build up in the system of a regular user. We have helped a number of clients who had not smoked for several days prior to being pulled over and had no idea that they would still be over the limit. Their driving would not have been at all affected by their previous use, but this is not a factor for the offence of drug driving; simply driving, or being in charge of, a car and being over the prescribed limit is all that is needed to secure a conviction.
THC
You may have heard of THC. Fans of Gogglebox will recall the opening titles and the two Yorkshire sisters saying in unison “that’s what gets you stoned!”
The full chemical name for THC is delta-9 tetrahydro-cannabinol. It is the ingredient in cannabis that gives the user a “high”.
The term high for cannabis is usually defined as a relaxed, happy and altered state. Some users can hallucinate or hear and see things differently.
These are the changes that affect an individual’s ability to drive safely and THC is what the police test for when they suspect someone has driven whilst over the limit.
Police testing
The police can conduct a preliminary test for cocaine immediately, in the form of a mouth swab at the roadside. They can do this if an officer has formed a reasonable suspicion that a person drove or attempted to drive, or, is in charge of a vehicle, on a road or public place, and:
- Is under the influence of a drug or have a drug in their body, or;
- has committed a driving offence while the vehicle is in motion, or;
- was involved in an accident whilst in the vehicle.
Reasonable suspicion is difficult argue against. Officers commonly look out for several indicators that someone may have consumed cannabis, including;
- glazed or glassy eyes,
- red or bloodshot eyes,
- the smell of cannabis,
- slowed or slurred speech,
- loss of coordination,
- difficulty concentrating or confusion and;
- even general demeanour, for example; both being overly anxious and twitchy or overly relaxed and unfazed.
The drug swab test can detect both cannabis (THC) and cocaine and if it returns a positive result, you will be taken to the police station or in some cases, the hospital, and asked to consent to giving a blood sample. This is because the swab test is not accurate enough to be used as evidence.
Blood
There is a complex procedure that must be followed to obtain your blood sample and in particular, your consent. Unless you have a reasonable excuse for not providing a sample, it will be far better to consent to providing blood as otherwise, you will face prosecution for an alternative offence of failing to provide a specimen. A phobia of needles or a medical condition, such as haemophilia will likely be accepted as a reasonable excuse but be warned, if you claim needle phobia, you may be disbelieved if you have visible tattoos or if you have been vaccinated against Covid. The police tend not to be overly sympathetic when needle phobia is raised in relation to a drug driving charge. This is likely due to scepticism of your reasons but also because there is no alternative sample the police can take for the drug driving offence.
What About Urine?
If the police accept you have a reasonable excuse for refusing consent to provide blood, they could be forced to abandon their investigation or consider changing their investigation strategy and pursue the far more challenging offence of driving whilst unfit through drugs. One of the main reasons for introducing the drug driving offence in the first place is because it did away with the need to prove impairment. If the police accept you have a reasonable excuse not to give blood, they would need to have evidence of your impairment and collect a urine sample instead of blood. Both of these processes are a lengthy and challenging way to investigate a charge and the police know this and so will be very reluctant to proceed down this route.
Hospital Cases
In some cases where there has been an accident, you may be asked to provide a blood sample when at hospital or if you are not conscious, blood may be taken with a doctor’s consent instead of yours.
It is more likely you will be contacted at a later date by police in this instance. The police may contact you to arrange a formal interview to discuss the case and seek your consent to the blood analysis. It is always best to seek our input before you do anything in relation to a request for you to attend the police station.
Analysis
Once you have provided a sample, the police must send it for analysis within a 6 month window. Once the result is received, the police will decide whether to charge you based on these results.
There are multiple aspects of the analysis process that if conducted incorrectly, could lead to an acquittal. In brief terms:
- Labelling- continuity of evidence
- Storage – was it kept in a fridge?
- Transportation – again in what conditions?
- Inspection on arrival at the laboratory – what was the quality of the sample that was analysed? Was the tamper seal proof bag intact? Was there enough blood taken to be analysed?
- The analysis process
- The reporting process
Without going into too much technical detail, these areas of the forensic evidence that will be presented in your case will almost definitely feature as part of our defence strategy.
WARNING – CASE STUDY – OTHER LAW FIRMS FREQUENTLY RUN OUT OF ARGUMENTS AND ADVISE OF A CHANGE OF PLEA
We helped a client who had approached the Geoffrey Miller Team when first arrested for drug driving. He wanted to appoint us but his boss knew of another supposed expert in drug driving and said if the client appointed this other firm, the boss would pay his legal fees and so he opted to place his case with that firm.
Fast forward to six months down the line, the client got back in touch having received an email from his lawyer that read as follows:
“I don’t like having to tell people they should change their plea and I’m sorry I have to give that advice to you as your case did feel good given Expert A’s comments before about past issues with the lab’s test procedure. But, I have to give you advice that is in your best interests and I think that pleading guilty is now your only remaining option since the only way you will now win the trial is if the prosecution witnesses fail to attend court for some reason, which seems unlikely.
Please let me know if you have any questions otherwise could you please confirm whether you will follow my advice to change your plea.”
~ An email from his lawyer
Sadly, this is an all too common scenario. The solicitor runs out of strategy as their knowledge and strategy is fairly limited and basic. These are the lawyers who say things like “your chances are at best 50/50” or try to suggest statistics we publish are not accurate because they simply don’t know what we do!
Long story short, we took over this client’s case and secured his NOT GUILTY verdict. His boss’ investment was a wasted one but at least we managed to achieve the result the client needed.
FAST TRACK TRANSFER PROCESS
If this case study strikes a chord with you and you are wondering whether to change your plea or seek a second opinion, please check out our track record of cases where we have taken over from another solicitor.
Consequences
If you are found guilty or plead guilty to driving with more than the 2µg per litre limit of cannabis in your blood the consequences will be:
- A mandatory minimum disqualification of 12 months. This minimum is increased to 3 years if you already have a similar conviction in the last 10 years (drink driving, drug driving, failure to provide).
- An unlimited fine; AND/OR
- A community order (commonly unpaid work); OR
- A custodial sentence of up to 6 months (rarely used, mainly for repeat offenders or offences with other aggravating factors).
Arguments to avoid!
- Second-hand smoke inhalation – as mentioned above it would be very difficult to find yourself over the 2ug limit from second-hand smoke. Additionally, there is no need for the prosecution to prove that you intentionally consumed the drug, just that it was in your system at the time of driving. Read more on second-hand smoke here.
- Hemp or CBD oil caused it – these products have become more popular in recent years but they do not contain the THC to put you over the 2µg limit.
- Medical consumption – medical purposes for cannabis use are not an excuse for driving whilst over the limit. In the rare situation that you have been prescribed cannabis, you must still have taken the exact dosage prescribed and must possess it legally. In the UK, where cannabis is illegal, this situation is very rare.
Defending the charge
If you have been charged with drug driving relating to cannabis use, do not panic!
As evidenced by our above statistics, the Geoffrey Miller Team are experts in defending cannabis drug driving charges and we are here to help! We pursue numerous defence strategies for drug driving allegations, many of which are unique and unknown by other law firms (even supposed experts in the field).
If you are awaiting your blood test result and have concerns give us a call! Many people who instruct us to represent them in drug driving cases do so before they are charged pursuant to our standby instruction option. Whilst it can be tempting to wait and see whether you will be charged, we find that placing instructions with us at this early stage gives our clients the best chance of securing a not-guilty verdict at a later date.
I want to plead guilty
We can help you if you would like to plead guilty to the drug drive offence. We can aim to keep your sentence to a minimum and support you throughout the process. Pleading guilty is usually the quickest way to get the drug drive matter dealt with and will avoid a lengthy trial. It is also the cheaper route and the main benefit of pleading guilty at the early stages of your case is that the Court will award you credit for this. Any fine, community order or custodial sentence should be reduced by one-third if you plead guilty at the first hearing. The reduction does not apply to the disqualification period regardless of whether you plead guilty or are found guilty.
The first one is free
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 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.
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Still not sure if you should instruct us to help you?
Try our Interactive Testimonial Scheme – “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.
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.
