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Drug Driving Offences: Expert Legal Defence for Drug Driving Charges
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Being charged with drug driving offences can threaten your licence, your livelihood, and your future. At Scarsdale Solicitors, we are specialist drug driving offences solicitors who defend drivers accused of driving under the influence of drugs across England and Wales. Moreover, our proven high success rate in motoring offence cases demonstrates our expertise in challenging drug driving offences and protecting your rights.
The government introduced new drug driving laws in March 2015 that make it illegal to drive with certain levels of drugs in your blood. Specifically, these drug driving offences apply to both illegal drugs like cannabis and cocaine, as well as prescription medications like morphine and temazepam. Furthermore, statistics show that impairment through drug driving has been a major cause of serious injuries and deaths on UK roads, which is why courts treat drug driving offences extremely seriously.
If you’re facing drug driving offences, don’t navigate the complex legal system alone. Our experienced drug driving offences solicitors at Scarsdale provide robust legal defence to minimize the consequences and fight for the best possible outcome in your case. Therefore, with over 20 years of specialist experience led by motoring law expert Shazia Ali, you’re in safe hands when defending against drug driving offences.
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What Are Drug Driving Offences?
Being charged with drug driving offences can threaten your licence, your livelihood, and your future. At Scarsdale Solicitors, we are specialist drug driving offences solicitors who defend drivers accused of driving under the influence of drugs across England and Wales. Moreover, our proven high success rate in motoring offence cases demonstrates our expertise in challenging drug driving offences and protecting your rights.
The government introduced new drug driving laws in March 2015 that make it illegal to drive with certain levels of drugs in your blood. Specifically, these drug driving offences apply to both illegal drugs like cannabis and cocaine, as well as prescription medications like morphine and temazepam. Furthermore, statistics show that impairment through drug driving has been a major cause of serious injuries and deaths on UK roads, which is why courts treat drug driving offences extremely seriously.
If you’re facing drug driving offences, don’t navigate the complex legal system alone. Our experienced drug driving offences solicitors at Scarsdale provide robust legal defence to minimize the consequences and fight for the best possible outcome in your case. Therefore, with over 20 years of specialist experience led by motoring law expert Shazia Ali, you’re in safe hands when defending against drug driving offences.
What Are Drug Driving Offences?
Drug driving offences refer to the criminal act of operating a motor vehicle while under the influence of drugs. According to Section 5A of the Road Traffic Act 1988, it is an offence to drive, attempt to drive, or be in charge of a motor vehicle on a road or public place with a specified controlled drug in your body above the prescribed limit.
Importantly, drug driving offences are “per se” offences, meaning you can be convicted simply for having drugs above the prescribed limit in your system, regardless of whether your driving was impaired. Moreover, the police have extensive powers under the Road Traffic Act 1988 to stop any driver they suspect of committing drug driving offences and require them to undergo testing.
Types of Drug Driving Offences
Driving or Attempting to Drive with Excess Drugs (Section 5A(1)(a)) This is the most serious form of drug driving offences. Specifically, if you are found driving or attempting to drive with drugs above the legal limit, you face mandatory disqualification, substantial fines, and potential imprisonment.
Being in Charge of a Vehicle with Excess Drugs (Section 5A(1)(b)) This drug driving offence applies when you’re not actually driving but are “in charge” of a vehicle while over the drug limit. Moreover, penalties are less severe than for driving, but still include potential disqualification and penalty points.
Drugs Covered by Drug Driving Offences Legislation
The Drug Driving (Specified Limits) (England and Wales) Regulations 2014 specify limits for 17 drugs divided into illegal drugs and prescription medications.
Illegal Drugs – Drug Driving Offences Limits
For illegal drugs, very low thresholds are set to effectively create zero-tolerance for drug driving offences:
Illegal Drug | Legal Limit (micrograms per litre of blood) |
Cannabis | 2 µg/L |
Cocaine | 10 µg/L |
Ketamine | 20 µg/L |
MDMA (Ecstasy) | 10 µg/L |
Methylamphetamine | 10 µg/L |
Benzoylecgonine | 50 µg/L |
LSD | 1 µg/L |
Heroin (Diamorphine) | 5 µg/L |
Importantly, these limits are set deliberately low. Therefore, even if you consumed cannabis several days before driving, you could still be over the limit and guilty of drug driving offences.
Prescription Drugs – Drug Driving Offences Limits
For prescription medications, higher limits are set to allow therapeutic use while preventing abuse:
Prescription Drug | Legal Limit (micrograms per litre of blood) |
Morphine | 80 µg/L |
Amphetamine | 250 µg/L |
Temazepam | 1,000 µg/L |
Diazepam | 550 µg/L |
Methadone | 500 µg/L |
Clonazepam | 50 µg/L |
Crucially, if you’re taking prescription medication as directed by a medical professional, you have a statutory defence to drug driving offences. However, this defence requires proper evidence from your prescribing doctor.
Police Testing Procedures for Drug Driving Offences
Understanding how police detect and test for drug driving offences is crucial to building your defence. Moreover, our drug driving offences solicitors thoroughly examine testing procedures to identify potential challenges.
Roadside Drug Testing
If police suspect you’re committing drug driving offences, they’ll conduct a roadside screening test. Specifically, this involves:
- Field Impairment Test (FIT) Police observe you performing five tests measuring mental and physical coordination:
- Pupil Measure Test (tests pupil dilation and reaction to light)
- Romberg Test (tests balance and judgment)
- Walk and Turn Test
- One-Leg Stand Test
- Finger-to-Nose Test
- Roadside Oral Fluid Test A mouth swab is taken to screen for the presence of drugs. However, these roadside tests are screening tests only and NOT admissible as evidence in court for drug driving offences.
Evidential Blood Testing at Police Station
If you fail the roadside tests, you’ll be arrested and taken to a police station for evidential testing. Specifically, for drug driving offences, this means providing a blood sample. Moreover, this blood test provides the evidential basis for prosecution.
The blood sample must be taken by a qualified healthcare professional following strict procedures. Furthermore, the sample is then sent to a forensic laboratory for analysis. Importantly, if the analysis shows drug levels exceeding the prescribed limits, you’ll be charged with drug driving offences.
What Are the Penalties for Drug Driving Offences?
The consequences of conviction for drug driving offences are severe and life-changing. According to the Magistrates’ Court Sentencing Guidelines, drug driving offences solicitors can help you understand and potentially challenge these penalties.
Penalties for Driving or Attempting to Drive
If convicted of driving or attempting to drive while committing drug driving offences, you face:
Imprisonment
- Up to 6 months imprisonment (up to 12 months if tried at Crown Court)
Financial Penalties
- Unlimited fine (previously capped at £5,000)
Driving Disqualification
- Mandatory minimum 12-month driving ban
- 36-month minimum ban if you have a previous drug or drink driving conviction within 10 years
- High Risk Offender status requiring medical examination before licence restoration
Criminal Record
- Permanent criminal record affecting employment, insurance, and international travel
- Particularly damaging for professions requiring enhanced DBS checks
Aggravating Factors in Drug Driving Offences
Courts consider several factors that increase penalties for drug driving offences:
- Very high drug readings significantly above legal limits
- Evidence of impaired driving or dangerous manoeuvres
- Being involved in an accident causing injury or damage
- Previous convictions for drug driving offences or other motoring offences
- Driving with passengers, particularly children
- Driving for commercial purposes (taxi driver, HGV driver, delivery driver)
- Mixing multiple drugs or combining drugs with alcohol
- Attempting to evade police detection
Therefore, these aggravating factors can result in sentences at the upper end of guidelines, including immediate custody for serious drug driving offences.
How Our Drug Driving Offences Solicitors Defend Your Case
Although drug driving offences may seem straightforward, numerous defences exist. Moreover, our experienced drug driving offences solicitors explore every potential defence to protect your licence and freedom.
1. Prescription Medication Defence
If you were taking prescription medication as directed by your doctor, you have a statutory defence to drug driving offences under Section 5A(3) of the Road Traffic Act 1988. Specifically, you must prove:
- The drug was prescribed, supplied, or recommended by a healthcare professional
- You took it in accordance with medical advice
- Your possession was not unlawful
Our drug driving offences solicitors obtain comprehensive medical evidence from your GP, specialist, or pharmacist to establish this defence.
2. Challenging Blood Sample Procedures
Blood samples for drug driving offences must be taken following strict legal procedures. Moreover, our drug driving offences solicitors challenge:
- Whether the sample was taken by a qualified healthcare professional
- Whether you were properly warned under Section 7(7) Road Traffic Act 1988
- Whether chain of custody was maintained
- Whether the sample was stored and transported correctly
- Whether laboratory analysis was conducted properly
Consequently, any procedural breach can render blood test evidence inadmissible, resulting in acquittal for drug driving offences.
3. Laboratory Analysis Challenges
Forensic laboratory analysis must meet rigorous standards. Therefore, our drug driving offences solicitors examine:
- Laboratory accreditation and quality assurance procedures
- Analyst qualifications and competence
- Potential sample contamination
- Calibration of testing equipment
- Margin of error in results
Moreover, if analysis is unreliable or margins of error could place you below the legal limit, we challenge the admissibility of evidence in drug driving offences cases.
4. No Likelihood of Driving Defence
For “in charge” drug driving offences, you have a defence if you can prove there was no likelihood of driving while over the limit. Specifically, evidence supporting this defence includes:
- Arrangements made for alternative transport
- Vehicle keys given to another person
- Location and circumstances suggesting no intention to drive
- Time required for drugs to clear your system
5. Duress and Necessity
In exceptional circumstances, duress or necessity may provide a defence to drug driving offences. However, this requires proving:
- Immediate threat to life or serious injury
- No reasonable alternative to driving
- Driving ceased as soon as safe to do so
Why Choose Scarsdale Solicitors for Drug Driving Offences
When facing drug driving offences, choosing the right legal team makes all the difference to your case outcome. Moreover, our proven track record and specialist expertise set us apart.
High Success Rate in Motoring Cases: Our results speak for themselves. As leading drug driving offences solicitors, we’ve successfully defended hundreds of drug driving offences across England and Wales.
Led by Motoring Law Expert Shazia Ali: Shazia Ali brings over 20 years of specialist experience in road traffic law. Moreover, her particular expertise in drug driving offences and forensic evidence means you benefit from unparalleled legal knowledge.
We Understand the Complexities of Drug Driving Offences: Drug driving offences involve intricate technical, medical, and legal details. Therefore, we have in-depth knowledge of:
- Section 5A Road Traffic Act 1988 requirements
- Forensic toxicology and blood testing procedures
- Prescription medication defences
- Laboratory analysis and quality assurance
- Police procedures under PACE
- Sentencing guidelines for drug driving offences
Transparent Pricing for Drug Driving Offences Cases:
- Fixed fees for straightforward drug driving offences
- Clear hourly rates for complex cases
- Free initial consultation
- Payment plans available
Nationwide Representation: While based in Rochdale, our drug driving offences solicitors represent clients across England and Wales in all magistrates’ courts and Crown Courts.
What to Do If Charged with Drug Driving Offences
Immediate Steps When Facing Drug Driving Offences
1
2
Gather Your Documents
Collect all relevant paperwork for your drug driving offences case:
- Blood test results and laboratory reports
- Police custody record
- Court summons
- Prescription records
- Medical records
3
Don't Discuss Your Case Publicly
Avoid discussing drug driving offences on social media or with anyone except your solicitor. Anything you say could be used against you.
4
Don't Plead Guilty Without Expert Advice
Many assume they must plead guilty to drug driving offences if blood tests show excess drugs. However, numerous defences may exist. Therefore, always consult drug driving offences solicitors before pleading.
Other Practice & Services Areas
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Motoring Offences
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
- Drink Driving Solicitors – Expert defence for all drink driving charges
- Drug Driving Solicitors – Challenge drug test results and fight for your licence
- Careless Driving Solicitors – Defend careless and inconsiderate driving charges
- Failing to Provide Specimen Solicitors – Expert defence for refusal cases
- Totting Up Ban Solicitors – Exceptional hardship applications to save your licence
- Driving Without Insurance Solicitors – Challenge no insurance prosecutions
- Mobile Phone Driving Solicitors – Defend mobile phone offences
- Traffic Light Offence Solicitors – Challenge traffic signal prosecutions
- Driving Licence Offence Solicitors – Defend licence-related charges
- Licence After Ban Solicitors – Assist with licence applications post-disqualification
Speeding Offence UK – Expert Legal Defence for All Speeding Charges
Drink Driving Services
Furthermore, our drink driving defence includes specialist support for:
- Drink Driving Breath Test – Challenge breathalyser evidence
- Drink Driving Blood Test – Contest blood sample procedures
- Drink Driving Urine Test – Defend urine sample cases
- Drink Driving High Readings – Defend serious high reading cases
- Drink Driving Borderline Cases – Fight cases near the legal limit
- Drink Driving Repeat Offenders – Defend repeat offence charges
- Drink Driving Hospital Cases – Specialist hospital procedure defence
- Drink Driving Limit – Expert advice on legal limits
- Drink Driving Sentencing Guidelines – Navigate sentencing procedures
- Drink Driving Penalties – Understand and minimize penalties
- Drink Driving Defences – Comprehensive defence strategies
- Drink Drive Rehabilitation Course – Access rehabilitation options
- Drink Driving Insurance Impact – Manage insurance consequences
- Drink Driving Employment Consequences – Protect professional status
- Drink and Drive Solicitors – Legal defence for alcohol driving charges
Drug Driving Services
Additionally, our drug driving expertise covers:
- Drug Driving Cannabis THC – Challenge cannabis driving charges
- Drug Driving Cocaine BZE – Defend cocaine driving prosecutions
- Drug Driving Sentencing Guidelines – Navigate drug driving sentencing
Drug Driving Offences – Expert Legal Defence for Drug Driving Charges
Failing To Offences
Moreover, we defend all “failing to” offences including:
- Failing to Provide Specimen – Expert defence for refusal cases
- Failing to Furnish Information – Defend driver details offences
- Failing to Stop/Report Accident – Expert accident reporting defence
Other Motoring Services
Consequently, our comprehensive motoring defence also includes:
- Special Reasons Solicitors – Special reasons to avoid disqualification
- New Driver Offence Solicitors – Protect new driver licences
- Perverting Course of Justice – Defend serious perverting charges
- Police Station Representation – 24/7 custody representation
- Convicted in Absence – Challenge convictions made in your absence
Criminal Defence
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Immigration & Sponsorship
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Family Law & Divorce
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Get Expert Legal Help Today
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
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Frequently Asked Questions About Drug Driving Offences
Our Drug Driving Offences solicitors answer the most common questions we receive from clients facing drug driving charges.
Yes, if your blood levels exceed the prescribed limits. However, if you took medication as directed by a healthcare professional, you have a statutory defence to drug driving offences.
This varies significantly depending on the drug, frequency of use, metabolism, and body mass. Cannabis can be detectable for days or weeks, while other drugs clear faster. However, detection doesn't necessarily mean impairment.
Not necessarily. With expert legal representation, many drug driving offences result in acquittals. Moreover, even if convicted, exceptional hardship arguments may prevent disqualification in rare circumstances.
You can, but refusing is itself a separate criminal offence under Section 7(6) Road Traffic Act 1988 with identical penalties to drug driving offences. Therefore, refusal rarely helps your situation.
You can still be over the limit for drug driving offences, particularly with cannabis which remains detectable for extended periods. However, our drug driving offences solicitors can challenge whether levels were above legal limits at the time of driving.
Don't Face Speeding Charges Alone. Contact Scarsdale Solicitors Today
A conviction for drug driving offences can devastate your life—losing your licence, your job, facing imprisonment, and carrying a criminal record. However, with expert legal defence from experienced drug driving offences solicitors, many cases result in significantly better outcomes or complete acquittals.
At Scarsdale Solicitors, we’ve helped hundreds of clients successfully defend drug driving offences across England and Wales. Moreover, our high success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands when facing drug driving offences.
Contact us today for a free and confidential consultation about your drug driving offences case.
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Testimonials
Here’s what clients say about our speeding offence UK solicitors:
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs