What to expect during a roadside drug test

As described in our article on “are random drink or drug tests legal”, you can be asked to undergo a roadside drug test if either:

  • The officer reasonably suspects you’ve consumed drugs;
  • The officer reasonably suspects you’ve committed a motoring offence;
  • You’ve been involved in an accident;

If you’ve never done drugs, or haven’t for several months, then being asked to undergo a roadside drug test should cause you no concern. However, recent use of drugs, sometimes as long as two or three days ago could result in a positive test, ultimately ending in a disqualification from driving unless a defence can be identified.

What happens during a roadside drug test?

You’d usually be asked to circle the inside of your mouth with your tongue three times. Once you’ve worked up enough saliva, the officer will use the sample collector to wipe saliva from your tongue.  The sample pads usually change colour indicating that the sample has been successfully collected.

The police officer would then place the sample collector back into the test cassette and click it back into place. The officer then holds the device vertically with the blue section at the top and presses until the sealed section of the capsule breaks. The police officer should continue to hold the device vertically for another ten seconds.

After obtaining the sample, the officer should leave the test undisturbed on a horizontal surface and read the test result after 8 minutes.

If a red line appears, even if it is very faint, then the test is positive, and you’ll be taken to the police station for an evidential blood test to establish the quantity of drugs that are in your system.

What the police should NOT do during a roadside drug test procedure

  • Don’t use the test if the expiration date has been exceeded;
  • Don’t use the test if the packaging is damaged;
  • Don’t use the test if the package contains any moisture;
  • Don’t use the test if the control line already appears red on opening the packet;
  • Don’t store the test at extremes of temperature such as extreme heat or frost;
  • Don’t open the test until shortly before intending to swab the driver.

If you’ve been subjected to a roadside drug test and you think the police have failed to follow the above guidelines, please contact a member of our legal team as soon as possible on 0330 33 22 770. There are numerous defences to drug driving, whether the police have breached procedure at the roadside, police station or hospital. It may not always be obvious that the police have made a mistake, so it’s vital to gain expert opinion on whether you have a case to fight. It could make the difference between walking away from Court with your licence intact or facing a minimum twelve-month ban from driving and a criminal record.

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Article written by Alison Ashworth, Specialist drink and drug driving solicitor and Managing Director of Ashworth Motoring Law. Alison has a first-class honours degree in law and has appeared on various TV and Radio programs to discuss drink and drug driving. Widely considered the “go-to” expert in the field of motoring law, Alison has outstanding rates of securing not guilty verdicts in cases involving drink and drug driving. If you would like Alison to personally look into your case, please call our advice line on 0330 33 22 770 and ask to be transferred directly to her.

Are random breath tests or drug tests legal?

Photograph of random police stop

It’s official, the Christmas crackdown on drink and drug drivers has begun. This time of year sees hundreds of unsuspecting motorists caught with too much alcohol or drugs in their system after a random stop by police. But are random breath tests and random drug tests legal?

We could all be stopped in the run up to Christmas, and what happens next could determine whether or not you spend the next few hours in a cell, and ultimately, whether you lose your driving licence. What are your rights? What are you compelled to do? How can you avoid being arrested? This article seeks to help address all of these questions.

Can the police stop you at random?

Yes. The law gives the police a general power to stop a vehicle under Section 163 Road Traffic Act 1988. The police can, at random, stop any vehicle without any particular reason.

Can the police make you take a roadside breath test or a drug test at random?

No. Whilst you can be stopped at random by a police officer, they cannot require you take a roadside drink or drugs test without first having reasonable cause to suspect the you, the driver, of having consumed alcohol or committing a traffic offence when the vehicle was moving. If for example the officer asks you “when was the last time you drank alcohol/ took drugs” and you answer “Dinner time today” this may give rise to a suspicion that you are under the influence, in which case a roadside specimen can be requested from you. Failing or refusing the test would then lead to you being arrested and taken to the police station for evidential testing.

Are there any exceptions?

Yes. An exception exists where there has been an accident. A police officer can ask you to take a roadside drink or drug test where they reasonably believe that you were driving or in charge of a vehicle that has been involved in an accident, whether or not another vehicle was involved.

Can you refuse to take a roadside breath test or drug swab?

Not without a reasonable excuse. Failing to take a roadside test without reasonable excuse is an offence which will result in you being brought to the police station for evidential testing in much the same way that a positive test would have done.

Summary

The police can randomly stop your vehicle; however they need reasonable cause to require you to participate in a roadside breath test or drug swab. If you don’t give the officer any reason to believe you may be under the influence, they cannot require you to participate in the test. Keep in mind that over the Christmas period, forces up and down the country are conducting random stops on motorists, and many drivers are ultimately charged with drink driving or drug driving as a result of these random stops.

Our best advice is common sense; make alternative arrangements to return home after a night’s indulgences and do not drive until you are certain you are fit to do so. Bear in mind that this could be well into the afternoon the following day for alcohol, or even several days later in the case of drugs, such as cocaine.

What if I’ve already been pulled for drink driving or drug driving?

If you’ve already been arrested for drink or drug driving and need advice on what happens next, feel free to contact our free legal advice line on 0330 33 22 770. One of our specialist drink or drug drive lawyers will listen to the details of your case, advise on your options and let you know the best course of action. Whether you need to minimise the effects of a ban or fight the conviction altogether, rest assured we can help.

Found this information useful? Share it with a friend!

Article written by Alison Ashworth, Specialist drink and drug driving solicitor and Managing Director of Ashworth Motoring Law. Alison has a first-class honours degree in law and has appeared on various TV and Radio programs to discuss drink and drug driving. Widely considered the “go-to” expert in the field of motoring law, Alison has outstanding rates of securing not guilty verdicts in cases involving drink and drug driving. If you would like Alison to personally look into your case, please call our advice line on 0330 33 22 770 and ask to be transferred directly to her.

Legal advice line

Not Guilty – another drug driving acquittal

Being accused of drug driving is one of the most frightening and stressful things that can happen to any motorist. A conviction could mean a driving ban, criminal conviction, loss of a career, loss of independence, the list goes on. Thankfully, with our expert motoring law solicitors on hand, the nightmare of false charges being brought can be overcome by dedicated and focused legal work to secure the rightful result – a not guilty verdict.

Our recent client from Northamptonshire talks about his recent experience:

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After facing the worst few months of my life the potential risk of losing my license was the last thing I needed on top of everything else. Ashworth’s took the worry of my case away and did not lead me on into thinking I would win when I wouldn’t they clearly stated all of the issues with the evidence the police required before my trial. It would have been easy to admit guilt to the allegations even though they wasn’t true, but with Ashworth’s they gave me the confidence to fight my case.

Colette and I communicated on a daily basis and she was always there to answer any questions I had. Alison was great too and went above and beyond the night before my trial, and Stuart the barrister was great too. Couldn’t recommend these guys enough.

Anonymous motorist who was found not guilty of drug driving from Northamptonshire

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If you have been accused of committing a motoring offence such as drug driving and would like to discuss your case in confidence with a specialist motoring law solicitor call 0330 33 22 770 or email admin@ashworthmotoringlaw.co.uk. Our expert solicitors will listen to the details of your case and let you know instantly if your licence could be saved.

More Drivers Test Positive for Drugs than Alcohol over Christmas Period

The Christmas drink and drug drive campaign in North Wales heralds a 50% increase in drug drivers compared to 2017.

The campaign, which ran from December 1st 2018 until January 1st 2019, saw 368 drink drive and 179 drug drive arrests being made across the four police forces in Wales.

In North Wales more people tested positive for drugs than alcohol. Officers made 84 drug drive arrests, a 50% increase on the same period in 2017, and 83 drink drive arrests during the same period.

Graph_Drink_Drug_Drive Christmas 2018

Superintendent Jane Banham of the North Wales Police Roads Policing Unit said: “More than 500 drivers had a Christmas and New Year to remember for all the wrong reasons – after being arrested by police across Wales for drink and drug driving. 

If you are found guilty of drink or drug driving you face a minimum 12-month ban, a criminal record, a fine or up to 6 months in prison.

Drug Drive Limits_Gov.UK
http://www.gov.uk

If you have been charged with a motoring offence, we can save your driving licence and keep you on the road. Call our 24/7 motoring law helpline on 0330 33 22 770 for free initial legal advice, or visit our website at https://ashworthmotoringlaw.co.uk/

Article written by Stuart Taylor – Director at Ashworth Motoring Law, specialist motoring lawyers.

Not Guilty! Another driver acquitted of drug driving!

We are thrilled to release our latest client testimonial from a driver who was acquitted of drug driving earlier this month.

Drug Driving – Not Guilty/Acquitted

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“Back in May I was arrested for supposedly drug driving. I knew straight away that this needed defending and a search for solicitors began. I came across Alison and her success rate was second to none, it would have been stupid not to instruct her as my solicitor. That first phone call was so daunting but straight away she put me at ease and when I told her the circumstances around my arrest, she was 100% in my corner and suggested that a number of errors and mistakes would have been made to do with my arrest alone. Moving on a few months and a couple of court dates (unfortunately the incompetence of the CPS meant that the courts honoured a couple of adjournments) we finally got the result that we were waiting for. The representation that Alison provides in court is only the best. From the barrister to the support from AML employees, you really do feel looked after. It’s that personable touch that got me through this ordeal, knowing that you were believed in right the way through when at times it felt like it would be easier throwing the towel in. Alison and her team were always confident that the case was a strong one, even when I began doubting it myself. They really do lift you up and take you through the process side by side. I was acquitted of all charges and found not guilty and it’s all because Alison is such a great solicitor. Her knowledge in this field really is second to none, I would have no issues in recommending Alison to anyone who may need her help. Straight away you will feel like a weight has been lifted. That’s what she did for me, took that burden off me and told me it’ll be alright. And it is… I will forever be thankful to Alison and her team, they have no idea”

When asked what they liked most about our services, our client wrote:

“Both Alison & Colette are so personable, friendly and approachable it’s hard not to completely trust them. They work so hard and are so knowledgeable in their field, you really do get the great result that you hope for. No question is a silly one and no panicked email or phone call is an inconvenience. There is no judgement and you instantly feel reassured.”

Anonymous motorist who was acquitted of drug driving from Chester

bring-insurance-cost-down-ashworth-motoring-law

If you have been accused of committing a motoring offence such as drug driving and would like to discuss your case in confidence with a specialist motoring law solicitor call 0330 33 22 770 or email admin@ashworthmotoringlaw.co.uk. Our expert solicitors will listen to the details of your case and let you know instantly if your licence could be saved.

Another client found NOT GUILTY of Drug Driving

We are delighted to share this latest testimonial of a client who was recently acquitted of drug driving:

thumbs up ashworth motoring law

Drug Driving; Not Guilty!

“Before I called Ashworth Motoring Law, I was going to plead guilty as I believed I was bang to rights, but after my first call to AML I believed I had a good chance of getting off, or maybe a 50/50 chance.  As time went on, and on hearing the lady who tested my blood was not a pro, the more it was delayed, the more faith I had. My friends did not believe and were very surprised with the outcome.”

Mr Aston Johnson

Aston Johnson

Mr Johnson was found not guilty of drug driving after his case was heard at Wimbledon Magistrates’ Court.

If you’ve been accused of drug driving, or indeed any motoring offence and would like Ashworth Motoring Law to represent your case, please call 0330 33 22 770 or email admin@ashworthmotoringlaw.co.uk to speak directly to one of our expert motoring law solicitors today.

 

Latest testimonial from client accused of drug driving

We are delighted to publish our latest testimonial from one of our clients who was accused of drug driving:

“I am a mechanic and unknowingly after smoking cannabis was stopped 15hrs later by police and was blood tested and my THC levels were double the limit, and was charged with driving under the influence of drugs. I was devastated and needed help, I did a search and Ashworth motoring law came up. I emailed them and they got back to me right away. They took on my case and dealt with it very professionally and made this upsetting time so much better. They took all the relief and explained everything in detail and would 100% recommend them

“Mr B”

thumbs up ashworth motoring law

When asked what he liked best about our services, he answered;

“Very approachable, replying to emails or phone very quickly, always reassuring and making sure everything was understood”

If you’ve been accused of a driving offence such as drug driving and would like Ashworth Motoring Law to represent your case, please call 0330 33 22 770 or email admin@ashworthmotoringlaw.co.uk to speak directly to one of our expert motoring law solicitors today.

We look forward to hearing from you.

Watch Ashworth Motoring Law’s Alison Ashworth on BBC Inside Out

Our Managing Director and Expert Drug Driving Lawyer, Alison Ashworth featured on last night’s Inside Out Programme discussing the very low limits that were set by the 2015 Drug Driving (Specified Limit) Offence.

Click the following link to view the programme

http://www.bbc.co.uk/iplayer/episode/b07xrwlb/inside-out-south-east-03102016

Alison is featured in a number of clips from 22.40 onwards and stresses the small amounts of drugs in a person’s system that can be used to charge a driver with an offence. She also highlights a fundamental flaw in the legislation; namely the Prosecution’s inability to rely on a urine sample to secure a conviction.

alison-ashworth-bbc-inside-out-interview-on-drug-driving-defences

Why we do what we do:

At Ashworth motoring law we are dedicated to keeping drivers on the road. We believe that no driver’s licence should be placed in jeopardy due to a lack of legal or technical knowledge. That’s why we’re always striving to deliver relevant, current content to keep you up to date with issues that could affect your freedom to drive.

We know the devastating impact that a disqualification from driving could have on a person’s life, career and family. It’s from that understanding that we fight to save the driving licences of motorists throughout the Country, to ensure that no person is disqualified where a valid defence or judicial discretion is available.

If you have been accused of committing a drug driving offence and would like to discuss your case in confidence with a specialist drug driving solicitor call 0330 33 22 770 or email enquiries@ashworthmotoringlaw.co.uk. Our expert solicitors will listen to the details of your case and let you know instantly if your licence could be saved.

 

Another of our clients found Not Guilty of Drink Driving; Testimonial

Making our clients happy, fighting against injustice and getting the right result in every case is what gets us out of bed in the morning and keeps us working late at night.

It’s why we do what we do.  We are always delighted when we receive testimonials from satisfied clients for whom we have secured a phenomenal result.

Here is our latest testimonial from a very happy client of ours who has been found Not Guilty of Drink Driving:

Ashworth Motoring Law Happy Client Testimonial

“I am writing this review in relation to my experience with Ashworth Motoring Law. Being in a position where your faced with losing your license or even prison is not a nice place to be. I did an extensive amount of research and contacted numerous solicitors for free phone consultations and just didn’t find the comfort or reassurance i needed to decide whether to part with my hard earned money or stay with a legal aid firm. It was a big decision that could affect my career and day to day life for the next few years to come. I finally got around to speaking to Alison and something just felt different about how she came across and it was pleasantly reassuring. I made the choice to go with Alison and she accepted my case. I had been charged with a drink drive offence and also an allegation of failing to stop for the police. The police and prosecution are there to just get targets and numbers up on convictions, no matter if they think you are guilty or not. That is one thing i have learnt in this. Without Alison i would not have stood a chance in hell and the police kept trying to add new things in to worsen things for me, but Alison pursued and fought and worked twice as hard as them to get the result I needed. Im normally quite smart with most things, but Alison can find a diamond in the rough instantly in every instance.  

From the beginning Alison and Colette advised and helped me and kept me more then up to date with everything that she was doing in relation to my case. They put my mind at ease all the way through. They made me feel like it was my good friends on my side helping me in a situation where someone else is trying to ruin my life. Alison was amazing and got me one of the best barristers around. We went to court and successfully walked out with not guilty verdicts to both charges. I couldn’t have been more happy and am able to continue my life normally now. I really am glad i followed my instinct and went with Ashworth Motoring Law.  

If you find yourself in any similar driving position and are a little sceptical about using a private solicitor as opposed to legal aid then I am more than happy to speak to you about my case as an independent person and I’m happy to answer any questions you have. I feel i owe Alison the respect to do that after how much she did to help me and successfully at that. I have unfortunately experienced the services of a legal aid solicitor in the past and to be honest there is no comparison and they of course left me high and dry and with an unsuccessful case i received a conviction. This is what made me more used towards paying for legal representation. They are just lazy number crunchers who want a big turn around of clients whether they help them or not. Ashworth Motoring definitely provide the whole package and more.  

If you do wish to contact me please do not hesitate to ask Alison or Colette for my details. Once again thank you to all at Ashworths.”

Mr B, Birmingham.

Why we do what we do:

At Ashworth motoring law we are dedicated to keeping drivers on the road. We believe that no driver’s licence should be placed in jeopardy due to a lack of legal or technical knowledge. That’s why we’re always striving to deliver relevant, current content to keep you up to date with issues that could affect your freedom to drive.

We know the devastating impact that a disqualification from driving could have on a person’s life, career and family. It’s from that understanding that we fight to save the driving licences of motorists throughout the Country, to ensure that no person is disqualified where a valid defence or judicial discretion is available.

If you’ve been unlucky enough to be accused of drink driving or any other motoring offence and need to keep your driving licence, you can call one of our team of Expert Motoring Lawyers at any time on 0330 33 22 770 or email enquiries@ashworthmotoringlaw.co.uk. Our specialist driving offence solicitors will listen to the details of your case and let you know instantly if your licence could be saved.

 

Managing Director Alison Ashworth to appear on BBC’s Inside Out programme

Drug Driving Expert and Managing Director of Ashworth Motoring Law, Alison Ashworth is to be filmed for BBC’s Inside Out Programme tomorrow, 01 September 2016.

Alison Ashworth has spoken out many times in the media to discuss the ‘new’ drug driving offence, appearing on ITV News, BBC 5 Live and in the Guardian and is keen to stress the very low limits which have been set by the controversial law.

The programme is scheduled to be aired in Autumn.

Alison Ashworth; Expert motoring lawyer and Director of www.ashworthmotoringlaw.co.uk

 

If you have been accused of a drug driving offence and would like to discuss your case in confidence with Alison Ashworth, please send an email with your contact details to enquiries@ashworthmotoringlaw.co.uk.