All You Need To Know About The New Drug Drive Offence

Details of the new drug driving offence have been plastered all over the news this week. However, many motorists remain in the dark over exactly what was changed when the new laws were introduced. There are also major concerns over the new laws. Greater Manchester Police have even confirmed they will not be stopping motorists for the new offence until there is better training and reassurance of the accuracy of the drugalyser testing device.

Driving whilst unfit through drugs is an offence that has been around for a long time. However, this offence is barely prosecuted when compared with its equivalent for alcohol offences. This was one of the main reasons why the lawmakers decided to intervene.

The number of arrests was linked with the complexity of the arrest process and subsequent burden of what had to be proven in court. Not only would the court have to be satisfied that the defendant had some form of drug in their system but they also had to prove that their ability to drive was impaired as a result of the drug. It was the need to prove impairment that was the real challenge as in many cases, traces of drugs would not be enough to secure a conviction and the complicated impairment tests, if conducted incorrectly, would see most drug driving cases collapse.

So the new laws removed the need to prove impairment altogether and 16 drugs have had specified limits set by the legislation.

You would think this is a great move but when you delve into the way in which the laws have been introduced without regard for any of the scientists who responded to the government’s “consultation” (note the deliberate use of inverted commas!) you may start to think again.

The most controversial aspect of the new drug driving laws relates to the way in which the use of illegal substances is addressed. The following drugs now have legal limits in blood that reflect a zero tolerance approach to them:

• Cannabis – 2µg/L
• THC – 2µg/L
• Cocaine – 10µg/L
• Ecstasy – 10µg/L
• Lysergic Acid Diethylamide (LSD) – 1µg/L
• Ketamine – 20µg/L
• Heroin 5µg/L
• Methylamphetamine – 10µg/L

There is very little information available on how many of these drugs are eliminated from the system but with cannabis as an example, the expected level of drug that will stay in the system 24 hours after taking Cannabis.

• Heavy users- more than one joint per day-1,3 – 6.4 µg / L
• Moderate users – less than one joint per day – 1,8 µg / L
• Light users – less than one joint per week, detectable but very close or less than 2 µg

As you can see from the elimination rates, it is possible that you could fall foul of the new drug driving laws if you have not smoked any cannabis yourself but have inhaled the smoke of others.

We suspect the reason why the government ignored all calls to implement drug driving limits that were linked to impairment for illegal drugs, was to send out a strong message of disapproval of the use of such drugs. However, scientists are concerned that rather than reduce road deaths caused by drug driving, the laws have the propensity to cause drug swapping. People who would have smoked cannabis may turn to the equally dangerous alcohol for which there is a limit linked with impairment levels.

In addition to illegal substances, eight legal medications have also been identified in the new drug driving laws. These include benzodiazepines, opioids and stimulants. The specified limits have been set above the normal prescription range in an effort to ensure most motorists using the drugs in accordance with a prescription will remain legal:

• Clonazepam – 50 µg/L
• Flunitrazepam – 300 µg/L
• Oxazepam – 300 µg/L
• Diazepam – 550 µg/L
• Lorazepam – 100 µg/L
• Temazepam – 1000µg/L
• Methadone 500 µg/L
• Morphine – 80µg/L
• Amphetamine to be added, later this year following consultation on the prescribed limit.

If found with more than the prescribed limit of any of these drugs, you may be able to rely on the medical defence set out in the new laws. You should be found NOT GUILTY if taking your medication in accordance with instructions, either from a health care professional or printed in the accompanying leaflet, provided that your driving is not impaired.
It remains the responsibility of all drivers to consider whether their driving may be impaired. We advise that people currently on prescription for any of these drugs keep some suitable evidence, such as a prescription, with them whilst driving.

There are no other defences outlined in the new provisions themselves but we are confident that with our input, many prosecutions will fail due to major problems with the ways in which the cases brought to court are likely to be presented.

The drug driving offence is classed as a criminal conviction and carries penalties of a disqualification from driving for a minimum of a 12 months and also includes either a fine of up to £5000 or 6 months in prison.

Should you require any further information or advice on the new drug driving laws then visit our website www.drugdrivingoffence.co.uk which has extensive information on the new laws, the drugs involved and any defence you may have. Better still, get in touch with our team of expert motoring legal team on 0800 6523 961.