Facing a drug driving offence can be overwhelming. The consequences are severe, including a mandatory driving ban, criminal record, and potential imprisonment. At Scarsdale Solicitors, we are expert motoring solicitors who specialise in defending drivers charged with a drug driving offence across England and Wales, with a high success rate in motoring offence cases.
Whether you tested positive for cannabis, cocaine, prescription medication, or other controlled substances, understanding your defence options is essential. Our drug driving solicitors have successfully defended hundreds of clients, challenging test procedures, questioning blood sample handling, and presenting medical defences where applicable.
What is a Drug Driving Offence?
Drug driving is similar to drink driving; if a person drives, attempts to drive or is in charge of a vehicle while exceeding the legal limit of a specified controlled drug, they will be committing a criminal offence.
The offence at section 5A RTA 1988 is driving, attempting to drive or being in charge of a motor vehicle with a specified controlled drug in the blood or urine in excess of the specified limit for that drug. It brings enforcement of drug driving into line with that of drink driving, by introducing a strict liability offence to avoid the need to prove impairment.
When Did Drug Driving Laws Come Into Force?
The drug driving laws were introduced on March 2nd 2015 by section 56 of the Crime and Courts Act 2013 which inserted a new section into the Road Traffic Act 1988 (section 5A Drugs and Driving).
Drug Driving Offence Penalties
Drug Driving is a serious offence, which carries a mandatory minimum disqualification for a period of 12 months (36 months for the second relevant offence in 10 years) and a Sentence ranging from a Fine to a Community Order and in extreme cases a maximum period of up to 6 months imprisonment.
Sentencing Guidelines
The court must endorse and disqualify for at least 12 months. It must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more imposed in the 3 years preceding the commission of the current offence. It must disqualify for at least 3 years if offender has been convicted of a relevant offence in the 10 years preceding the commission of the current offence.
Summary of Penalties
A drug driving offence conviction typically results in:
- Minimum 12-month driving ban (mandatory)
- Unlimited fine
- Up to 6 months imprisonment in serious cases
- Criminal record affecting employment and travel
- Significantly increased insurance premiums
Specified Drugs and Legal Limits
The legislation covers 17 controlled drugs with specified blood concentration limits. Illegal drugs have very low “zero tolerance” limits, while prescription medications have higher thresholds acknowledging therapeutic use.
Illegal Drugs
- Cannabis (THC): 2 micrograms per litre
- Cocaine: 10 micrograms per litre
- Ketamine: 20 micrograms per litre
- MDMA: 10 micrograms per litre
Prescription Medications
- Morphine: 80 micrograms per litre
- Diazepam: 550 micrograms per litre
- Temazepam: 1,000 micrograms per litre
How Police Test for Drug Driving
If police suspect drug driving, they will conduct a roadside drug test using an approved screening device that analyses saliva. If this provides a positive reading, you will be arrested and taken to a police station for a blood test.
Section 5A(2) RTA 1988 states that the specimen will be blood or urine. However, as there are no specified limits set for drugs in urine, for the purposes of section 5A RTA 1988 the specimen must be blood.
Defences for a Drug Driving Offence
Many people assume a positive drug test means automatic conviction. However, several defences may apply to your drug driving offence case.
The Medical Defence
There is a defence available for anyone charged under section 5A of The Road Traffic Act 1988. It is a defence to the new drug driving laws, if a person can prove that: The specified controlled drug in their system had been prescribed or supplied to them for medical or dental purposes; and they took the drug in accordance with any directions given to them by the person who prescribed or supplied the drug to them and in accordance with any accompanying instructions.
Procedural Defences
Our solicitors examine every aspect of police procedure, including:
- Whether roadside testing devices were properly calibrated
- Blood sample collection and storage procedures
- Chain of custody documentation
- Laboratory analysis accuracy
No Likelihood of Driving Defence
Section 5A(6) RTA 1988 provides a defence to being in charge of a motor vehicle with a specified controlled drug in the blood or urine above the specified limit for that drug, if the defendant can show that there was no likelihood of them driving the vehicle while over the specified limit.
Why Choose Scarsdale Solicitors?
High Success Rate in Motoring Cases
Our proven track record demonstrates our commitment to achieving the best outcomes for clients facing a drug driving offence charge.
Led by Shazia Ali
With over 20 years of specialist experience in road traffic law, Shazia Ali brings unparalleled expertise to every drug driving case.
We Understand the Technical Complexities
Drug driving cases involve intricate scientific evidence and strict procedural requirements. We work with forensic toxicologists and medical experts to challenge prosecution evidence effectively.
Transparent Pricing
We offer fixed fees for straightforward cases, free initial consultations, and payment plans to suit your circumstances.
Contact Scarsdale Solicitors Today
Don’t accept a drug driving offence conviction without exploring your defence options. Our expert solicitors can assess your case and advise on the best course of action.
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📍 Office Address: Reed House, 3–4 Hunters Lane, Rochdale, Greater Manchester, OL16 1YL
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