Illegal drugs

Benzoylecgonine (cocaine) – 50 micrograms per litre of blood (µg/L)

Cocaine – 10µg/L

Delta-9-Tetrahydrocannabinol (cannabis and cannabinol) – 2µg/L

Ketamine – 20µg/L

LSD – 1µg/L

Methylamphetamine – 10µg/L

MDMA (ecstasy) – 10µg/L

Heroin and diamorphine – 5µg/L

Prescription drugs

Clonazepam (used to treat seizures and panic disorder) – 50µg/L

Diazepam (anti-anxiety) – 550µg/L

Flunitrazepam (Rohypnol – sedative) – 300µg/L

Lorazepam (anti-anxiety) – 100µg/L

Methadone (heroin substitute) – 500µg/L

Morphine (pain relief) – 80µg/L

Oxazepam (anti-anxiety) – 300µg/L

Temazepam (anti-anxiety and sedative) – 1,000µg/L

Amphetamines (eg dexamphetamine used for conditions such as ADHD) – 250µg/L 

(The limits for most prescription drugs are above the normal doses).

If you have been stopped by the police and are suspected of drug driving, it is likely that you will be drug wiped at the roadside. If you fail the roadside test, you will be arrested and taken to the police station.  The roadside test is only used to confirm the police officer’s reasonable suspicion that you were driving whilst over the limit, it cannot be used as evidence of your drug driving. An evidential reading will be requested at the police station. You will be asked to provide two samples of blood (one sample to be given to you), and after analysis, the level of drugs in your blood will be ascertained. 

Sentences

This offence can only be dealt with in the Magistrates Court.  If driving or attempting to drive – a disqualification of at least 12 months and up to 6 months imprisonment and or a fine.

If in charge – 10 penalty points on your driving licence, or a disqualification in more serious cases (usually of up to 12 months), and up to 3 months imprisonment and or a fine.

Defences

Defences to this offence are often factual.  It can be a defence for you to show that the drug driving procedure was flawed or that the drug reading provided was incorrect.  Many of these are technical defences which will require the instruction of Experts.

Whilst strictly speaking not a defence, you may have a ‘Special Reason’ which if proven at Court, allows the court a discretion not to impose penalty points or a driving disqualification.  There are many types of special reasons, for example, you may have been spiked with drugs, or may have inadvertently consumed drugs.  Special Reasons are covered separately on our website, please take a look for further details and contact us to discuss.

If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.