The issue of drug-impaired driving has gained significant attention in recent years, with governments around the world implementing stricter laws to combat this growing concern. In the United Kingdom, drug driving laws have been strengthened to address the use of various substances, including cannabis and cocaine derivatives like COOH (11-nor-9-carboxy-Δ9-tetrahydrocannabinol) and BZE (benzoylecgonine). However, bizarrely even though both are derivatives of another substance, and arguably have no link to impairment, their treatment for the purpose of drug driving limits is very different.
COOH: The Cannabis Metabolite
COOH, or 11-nor-9-carboxy-Δ9-tetrahydrocannabinol, is a metabolite of tetrahydrocannabinol (THC), the psychoactive compound found in cannabis. When a person consumes cannabis, THC is broken down in their body into various metabolites, one of which is COOH. Unlike THC, COOH does not produce the intoxicating effects associated with cannabis use. However, it remains in the body for an extended period, making it a key indicator of previous cannabis consumption.
UK Drug Driving Laws and COOH
The UK has taken a zero-tolerance approach to drug-impaired driving, which includes the presence of COOH in a driver’s system. Under the Road Traffic Act 1988, it is illegal to operate a motor vehicle with any amount of a controlled drug, including cannabis and its metabolites, in your system. No limit for COOH has been introduced as part of the overhaul of the drug driving laws and limits introduced in 2015 as there seemed to be recognition of the fact that setting a limit of COOH would be unfair and inappropriate.
BZE: The Cocaine Metabolite
BZE, or benzoylecgonine, is a metabolite of cocaine, a powerful stimulant drug. Similar to COOH, BZE is a marker that indicates recent cocaine use. When a person ingests cocaine, their body processes it into various metabolites, including BZE. While cocaine can produce intense euphoria and alertness, BZE itself does not produce these effects. However, unlike the approach to COOH, there is a drug driving limit for BZE, namely 50µ/L.
The rationale behind these different approaches to these two metabolites does not seem clear. To add to the apparent unfairness, BZE is a metabolite that is quickly formed and slowly eliminated meaning it will be present in a driver’s blood many hours after consumption of cocaine with no apparent impairment and less consistency between dose and plasma concentrations.
Consequences of Drug Driving in the UK
Being convicted of a drug driving charge can have serious consequences, including:
- Loss of Licence: Convicted drug drivers can face a minimum one-year disqualification from driving, which can be extended depending on the severity of the offence.
- Fines and Penalties: Offenders may be required to pay an unlimited fine (linked to the offender’s weekly income) and court costs, which can be substantial.
- Criminal Record: A drug driving conviction will result in a criminal record, which can have a long-lasting impact on employment and travel opportunities.
- Community Service or Imprisonment: In some cases, drug driving convictions can lead to community service orders or even imprisonment, particularly if the offence resulted in a serious accident or injury.
Your Options
If you have been arrested for a drug driving offence you may be feeling resigned to accepting the consequences outlined above when the charge comes through. However, we urge you to get in touch to discuss your case with our talented legal team as there are many options that could see you avoid a drug driving conviction. None of the defences we pursue in our cases involve any element of dishonesty or misleading of the court so please do not fall into the trap of assuming that NOT GUILTY equates to saying “I didn’t do it.” We often have our clients’ cases dismissed for technical and procedural reasons rather than a simplistic factual defence.
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