Drug driving, like drunk driving, is a serious criminal offence that thousands of people are convicted of each year. However, compared to drunk driving, a lot less is known about drug driving by the general public, including when and how the police might carry out roadside tests. It’s important to be aware of the laws surrounding what the police can and can’t do in these scenarios, so that you’re prepared for when it might happen to you.
What is drug driving?
Drug driving is defined Under the Road Traffic Act 1988; it states that it is an offence for a person to drive, or attempt to drive, a motor vehicle on a road or in another public place while unfit to drive through drink or drugs. It is also an offence for a person to be in charge of a motor vehicle, on a road or other public place, while unfit to drive, through either drink or drugs.
The legislation that defines set limits for drugs in your system is the Drug Driving (Specified Limits) (England and Wales) Regulations 2014, which saw a further amendment in 2015. This legislation includes set limits for 16 drugs – 8 of which are purely illegal, 8 of which can be prescribed.
What drugs will I be tested for?
While there are 16 different drugs that you can be tested for in total, during roadside tests (formally known as preliminary tests) you’ll generally only be tested for cocaine or cannabis. The two main tests involve taking a swab from the suspected drug driver’s tongue or cheek. The test will then be processed, and results will be returned in a matter of minutes.
Can the police drug test you for no reason?
In the United Kingdom, the police have the authority to conduct roadside drug tests on all drivers who they suspect of being under the influence of drugs. This means that the police can conduct a drug test if they have reasonable grounds to suspect that a driver is under the influence of drugs. Reasonable grounds can include observing signs of drug use, such as erratic driving, or the smell of drugs emanating from the vehicle. Additionally, if a driver fails a roadside breath test for alcohol, the police may also conduct a drug test.
Additionally, if a road traffic incident takes place and the police officer reasonably believes that one of the individuals who was driving is under the influence of drugs, they can carry out a preliminary drug test.
What if my tests come back positive?
If your preliminary drug tests come back positive, you will be informed of this by the police officer. They should then place you under arrest, under suspicion of drug driving, and read you your caution. If you refused to provide a swab, you can also be placed under arrest for refusing to provide a swab.
After the arrest, the police will either take the suspect to a police station, or if the arresting officer has concerns about the wellbeing of the suspect, to a hospital. The suspect will have a blood sample taken, to more accurately ascertain the exact level of drugs in the suspect’s blood.
What if my results are negative?
Even if your roadside drug tests come back negative, if the police are still suspicious that you may be under the influence of a drug that they haven’t tested for, they may ask that you carry out a roadside impairment test.
This will look a little like the tests we’re familiar with from TV shows and films, only that the results of the test are very much real. The test will include a one leg stand, a pupillary examination, a walk and turn test, and a modified Romberg balance test.
If you fail this roadside impairment test, you can still be arrested, and taken either to hospital or a police station to have blood samples taken. Based on the results of the blood samples, and the situation under which you were stopped, the police may then decide to charge you.
Sentencing for drug driving
If found guilty of drug driving, the minimum sentence for a first time offender is a 12 month driving ban and a fine. The fine is at the discretion of the court, and can be unlimited. In addition to the fine and driving ban, the court can also consider a community order, up to 6 months in prison, and a longer driving ban.
If you are found to be driving whilst unfit through drugs in combination with another crime, the repercussions can be far more severe. For example, if you cause death by dangerous driving, you can face up to 14 years in prison. If you suspect that you may face multiple charges in addition to drug driving charges, it’s even more important that you seek legal assistance in a timely manner.
As drug driving is a criminal offence, any conviction will also end up on your criminal record, even if it’s only a relatively minor sentence. This can make finding employment significantly more difficult, and can also result in being banned from entering a wide range of countries.
Seeking legal assistance
Clearly, being convicted of a drug driving offence is a serious matter. If you’ve recently been drug tested at the roadside, it’s crucial that you seek the assistance of a criminal defence solicitor at the earliest opportunity available.
They’ll be able to accompany you to any interviews under caution that you have to attend, and will be able to assist in developing a legal defence, ensuring that the police have acted justly and treated you fairly at each stage of the process. The earlier you reach out for legal support, the higher the chances that you manage to achieve the result you hoped for.
If you’ve been charged with a road traffic offence and need legal advice, call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).
