Drug Driving

Section 4 (1) of the Road Traffic Act 1988 makes it a criminal offence for a person to driving or attempt to drive a vehicle on a road or other public place, when they are unfit to drive through drink or drugs.

You can be arrested by the Police on suspicion of drug driving even if the drugs you have taken are legal! For example, if you are diabetic and took a wrong dose of insulin and you are deemed to have become incapable of taking proper control of your car, you could be charged with driving under the influence of a drug.

 

The law defines a ‘drug’ as being ‘any intoxicant other than alcohol’. Basically, if you have taken a substance which is neither a drink nor food which is alleged to have affected the control of your body, this could be classed as a drug.

 

At the moment, unlike drink driving there is no DEFINITIVE legal drug driving limit. In order for the prosecution to secure a conviction they must prove:

  • That a person was unfit to drive;
  • Through drugs; and
  • His driving was impaired.

The Police often try and demonstrate impairment by conducting drug driving tests.

If you have been accused of drug driving, you need legal advice, and potentially representation, from a team of expert motoring offence solicitors. Get in touch with the specialists here at YSG by calling 03333 446440 or completing our online contact form.

Possible penalties for Drug Driving

Following a conviction for drug driving, the court must impose a disqualification from driving for a minimum period of 12 months. This is mandatory unless a special reason exists. The court will also issue a fine of up to £5,000

Depending on the circumstances, the court could also impose the following penalties:

  • Up to 6 months in prison
  • Community Order
  • Disqualification from driving for a minimum of 36 months if you have previously been convicted of the offence in the last 10 years
  • Extended retest

Maybe you are still undecided as to how to proceed? Do you require further information or guidance? Do you fully understand your options?

Get in touch with our team of expert drug driving solicitors. Call us free on 03333 446440 or fill in our online enquiry form and we will get back to you