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Drug Driving

Drug Driving Offences in England and Wales

 

Understanding Drug Driving Laws

 

In England and Wales, drug driving is a serious offence. The law prohibits driving with certain levels of specified drugs in your blood, whether prescription or illegal substances.

 

According to the Road Traffic Act 1988, it is illegal to drive if you are unfit to do so because of drugs or if you have certain levels of illegal drugs in your blood, regardless of whether your driving is impaired.

 

Legal Limits for Drugs

 

The government has set specific limits for both illegal and prescription drugs. These limits are different from those for alcohol and are measured in micrograms per litre of blood (µg/L). Some of the drugs that have set limits include:

 

  • Cannabis (THC): 2 µg/L

  • Cocaine: 10 µg/L

  • Morphine: 80 µg/L

  • Amphetamine: 250 µg/L (prescription limit)

 

It's important to note that these limits are designed to be very low to deter any amount of drug usage while driving.

Even if you are fit to drive, it is an offence if you are over the specified limits for certain drugs, for example cannabis, cocaine, ecstasy (MDMA) and ketamine, and you haven’t been prescribed them. In these cases, the police will have to prove that you were over the set limit, but they will NOT have to prove that your driving was impaired.

The limits also apply to certain prescription medicines unless you have been prescribed them and you followed advice given by your doctor or a healthcare professional on how to take them, and you aren’t impaired.

 

Penalties for Drug Driving

 

If you are caught drug driving, you can face severe penalties, including:

 

  • A minimum 1-year driving ban

  • An unlimited fine

  • Up to 6 months in prison

  • A criminal record

 

These penalties are the same whether you are caught driving under the influence of illegal drugs or prescribed medications if they impair your ability to drive. Additionally, a conviction for drug driving will stay on your driving licence for 11 years from the date of the conviction.

 

Defending Against Drug Driving Charges

 

If you are charged with drug driving, it is crucial to seek legal advice immediately. A specialist lawyer can examine the evidence against you and explore possible defences, such as challenging the accuracy of the drug test or proving that any drugs detected were taken in accordance with a valid prescription.

Joe Rawlings is often able to mount a defence around failures in police or forensic procedures in relation to blood samples.

As a basic standard Joe will also examine any failings in forensic or police procedures to be sure the case can be proved against you.

If Joe Rawlings cannot achieve these goals, he will at the very least limit any driving disqualification.

 

Get in touch with Joe Rawlings now.

If you have been accused of drug driving, don't face it alone. Contact Joe Rawlings today for expert legal assistance. He specialises in defending drug driving offences and will work tirelessly to achieve the best possible outcome for your case.

Request a call back from Joe

With 25 years of experience, Joe Rawlings is committed to providing strong legal representation.

 

Place a bespoke lawyer in this field in your corner.

 

Contact Joe today for a free case evaluation and take the first step towards building a solid defence.

Joe Rawlings (MA, LLB Hons)

Higher Court Advocate & Duty Solicitor

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Joe Rawlings is a self-employed consultant solicitor. He provides his legal expertise through Tuckers Solicitors that are authorised and regulated by the Solicitors Regulation Authority (SRA).

Tel: 0161 615 5557

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