What Is BZE and Why Does It Matter?Â
BZE, or Benzoylecgonine, is a chemical compound created when cocaine breaks down in the body. Both cocaine and BZE are classified as illegal drugs, and their presence in your blood over the prescribed limit can lead to a drug driving charge.
Here’s the catch: BZE sticks around much longer than cocaine itself. While cocaine may only be detectable for a few hours, BZE can linger in your system for days. This means you could feel perfectly fine to drive, unaware that BZE remains in your blood, yet still face a drug driving charge if tested by the police.
How BZE Impacts Drug Driving ChargesÂ
Imagine this scenario: You’ve consumed cocaine days ago and are pulled over for a routine stop. While cocaine may no longer be detectable, BZE likely will be. Because BZE is eliminated more slowly than it’s produced, its levels can even increase in the hours or days following cocaine use.
This creates a challenging situation for drivers, as drug driving laws that were introduced in 2015 removed the requirement to prove that a driver was impaired at the time of driving. The various drug driving limits can be exceeded by residual traces of the drug in your system due to the “zero-tolerance” approach taken when setting these limits for illegal drugs.
What the Law Says About Drug Driving
Under Section 5A of the Road Traffic Act, a person commits an offence if the level of a specified drug in their blood exceeds the legal limit. For BZE, this limit is set at 50 micrograms per litre of blood—a threshold that’s relatively easy to exceed given how long BZE remains detectable.
Can You Defend a Drug Driving Charge?
If you’ve been charged with drug driving, don’t assume it’s an open-and-shut case. Several defences may apply, including:
- Prescription Medications: If you were prescribed a controlled drug and followed your doctor’s advice, this might form part of your defence.
- Not Driving: If it can be proven you weren’t driving or intending to drive while over the limit, charges may not hold up.
- Testing Errors: Procedural or lab errors, such as mishandling of your blood sample, could cast doubt on the prosecution’s case.
- Biotransformation Issues: A lesser-known but significant defence is linked to how BZE levels change after a blood sample is taken.
Understanding BZE Biotransformation
Biotransformation refers to the natural chemical changes drugs undergo in the body. Here’s why it matters for drug driving cases:
- BZE continues to increase in a blood sample after it’s drawn, even when stored correctly.
- Due to testing backlogs, weeks or even months can pass before a sample is analysed. This delay can result in artificially inflated BZE levels, far exceeding what was present when you were driving.
What Are the Penalties for Drug Driving?
A conviction for drug driving carries serious consequences, including:
- A mandatory driving ban of at least 12 months
- An unlimited fine
- A possible community order
- Up to 6 months in prison (for the most serious cases)
Why Choose Geoffrey Miller Solicitors?
At Geoffrey Miller Solicitors, we understand the stress and uncertainty that comes with a drug driving charge. Our team of motoring law specialists has extensive experience challenging these cases, including those involving BZE biotransformation and procedural errors.
We’re dedicated to helping you secure the best possible outcome. Contact us today for expert advice tailored to your case. Don’t leave your future to chance, get in touch if you are facing BZE biotransformation drug driving charges, and let us fight your corner.
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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.
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