DRUG DRIVING SENTENCING GUIDELINES
98%
Success Rate
Defending Drug Driving Blood
Cases†
†Defending drug driving blood cases from 1st January 2021 to 31st December 2025.
From 1st January 2021 until 31st December 2025
We WON 98% of our Drug Driving cases!
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Please note we only deal with motoring cases in England and Wales and are unable to assist with cases in Scotland or Northern Ireland.
The limits for drugs that may be medically prescribed are set in line with a road safety risk-based approach, at levels above the normal concentrations found with therapeutic use. This is different from the approach taken when setting the limit for alcohol, where the limit was set at a level where the effect of the alcohol expected may have impaired a person’s driving ability. Therefore, for these reasons sentencing guidelines for the drug driving offence does not follow the same approach as with drink driving which links sentence to the level of the alcohol reading.
Guidelines for sentencing were not outlined until well after the introduction of the offence. However, the guidelines effective from 01 July 2023 have a clear explanation of the important distinction that needs to be drawn due to the zero tolerance and low limits in place:
Harm demonstrated by one or more of the following:
Note: It is not possible to draw a direct connection between the levels of a substance detected and the level of harm.
The limits for illegal drugs are set in line with a zero tolerance approach but ruling out accidental exposure. The limits for drugs that may be medically prescribed are set in line with a road safety risk-based approach, at levels above the normal concentrations found with therapeutic use. This is different from the approach taken when setting the limit for alcohol, where the limit was set at a level where the effect of the alcohol would be expected to have impaired a person’s driving ability.
The analysis of drugs in blood is more complex than that for alcohol and there is a larger margin of uncertainty in the measurements. Concentrations of specified substances in blood for the purposes of this offence are expressed in terms of ‘not less than’ which takes account of the margin of uncertainty for the particular substance.
1For these purposes, cocaine and benzoylecgonine (BZE) shall be treated as one drug as they both occur in the body as a result of cocaine use rather than poly-drug use. Similarly 6-Monoacteylmorphine and Morphine shall be treated as one drug as they both occur in the body as a result of heroin use. Finally, Diazepam and Temazepam shall be treated as one drug as they also both occur in the body as a result of Temazepam use.
Drug Driving – In Charge
Like with being drunk in charge of a motor vehicle, being in charge of a motor vehicle with a specified drug above the specified limit, also carries a lower minimum penalty/sentence than the full drug driving offence of 10 penalty points and a fine.
There are a number of statutory defences that can be raised in connection with this charge as outlined in the Road Traffic Act as follows:
(3) It is a defence for a person (“D”) charged with an offence under this section to show that—
- (a) The specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
- (b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
- (c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if D’s actions were—
- (a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
- (b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
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Not Sure What to Do About Your Drug Driving Offence?
Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. However, 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 drink 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 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. Most importantly, 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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