What is the offence of drug driving?

Drug driving is the offence of driving, attempting to drive, or being in charge of a motor vehicle while the proportion of a specified controlled drug in your blood exceeds the legal limit. The offence is contrary to Section 5A of the Road Traffic Act 1988.

Unlike older “impairment” offences, the prosecution does not usually need to prove that your driving was affected — only that the level of the specified drug exceeded the legal threshold.

What drugs are covered by the s5a drug driving law?

The law covers a number of controlled drugs, including both illegal drugs and certain prescription medications.

Common examples include:

  • Cannabis
  • Cocaine
  • Benzoylecgonine (a cocaine metabolite) 
  • MDMA (ecstasy)
  • Ketamine
  • LSD
  • Heroin
  • Methylamphetamine 

It also includes some prescription drugs, such as:

  • Diazepam
  • Morphine
  • Clonazepam
  • Methadone
  • Oxazepam
  • Temazepam
  • Flunitrazepam 
  • Lorazepam 

Can I be prosecuted for drug driving if I have taken prescribed medication?

Yes. You can still be prosecuted for drug driving if your blood level exceeds the legal limit, even where the medication was lawfully prescribed.

However, there may be a statutory medical defence available if:

  • the medication was prescribed or supplied for medical purposes;
  • you took it in accordance with medical advice or the manufacturer’s instructions; and
  • your driving was not impaired.

It is important to obtain specialist legal advice as early as possible if prescription medication is involved. At Ashworth Motoring Law, we have a 100% success rate in securing Not Guilty verdicts where this defence is raised.

How do the police test for drug driving?

Police commonly use roadside “drug wipe” tests which involve taking a saliva sample.

If the test is positive, or the officer suspects drug use, you will usually be arrested and taken to a police station where a blood sample will normally be obtained for laboratory analysis.

What is the penalty for drug driving?

If convicted of drug driving, the Court must impose:

  • a minimum 12-month driving disqualification (this minimum period rises to 36 months if convicted of a second offence within 10 years);
  • a criminal conviction;
  • a fine;
  • possible community order; or
  • imprisonment in more serious cases.

Penalties can increase significantly if

  • You were driving a goods vehicle or PSV
  • You were driving or attempting to drive for commercial purposes
  • There was evidence of another specified drug or alcohol in the body (even if the amount found was below the legal limit)
  • You displayed obvious signs of impairment
  • There was evidence of an unacceptable standard of driving
  • You have previous convictions for a related offence such as drug driving, drink driving or failing to provide a specimen

Click here to see the Magistrates’ Sentencing Guidelines or read our analysis on what sentence a drug driver can expect to receive.

Will I go to prison for drug driving?

Many first-time offenders receive a financial penalty or community order, but custody is possible in more serious cases.

The risk of imprisonment increases where there are factors indicating higher culpability (blameworthiness) or an increased risk of harm, such as those mentioned above. The sentencing guidelines suggest a starting point of 12 weeks custody for the most serious offences.

Will a drug driving conviction affect my insurance?

Yes. A conviction for drug driving can significantly increase insurance premiums and may make obtaining insurance more difficult. The conviction will also appear on your driving record.

How long does a drug driving conviction stay on my licence?

A drug driving endorsement will remain on your driving licence for 11 years from the date of conviction.

Can I challenge a drug driving allegation?

Yes. Drug driving cases can often be challenged depending on the circumstances.

Potential issues may include:

  • procedural failures by police;
  • problems with the roadside testing process;
  • continuity and handling of blood samples;
  • laboratory analysis issues; or
  • whether a medical defence applies.

Early legal advice is essential, particularly before attending a police interview or entering a plea.

What should I do if I am accused of drug driving?

You should seek specialist legal advice as soon as possible.

Do not assume that a positive roadside test or blood analysis means you will automatically be convicted. Drug driving cases frequently involve technical and evidential issues that require careful examination by a specialist.

Ashworth Motoring Law regularly represents motorists facing drug driving allegations throughout England and Wales and have unparalleled success rates when it comes to securing Not Guilty verdicts.

Need Advice About a Drug Driving Allegation?

If you have been accused of drug driving, contact Ashworth Motoring Law on 0330 33 22 770 for expert advice and representation.

Call us today for a confidential discussion about your case.

Who we are

Ashworth Motoring Law is a multi-award winning, highly specialised criminal law firm which focusses solely on representing motorists who are accused of committing driving offences such as drug driving. Our specialist solicitors are experts in all aspects of motoring law, and our Managing Director, Alison Ashworth, has particular expertise in defending drug driving offences. Alison was instrumental in campaigning against, and raising awareness of the new Section 5A drug driving offence before its introduction in 2015, appearing on the BBC and ITV News, and has successfully represented drivers from all walks of life in relation to this charge. If you’d like Alison to personally look into the details of your case, please ask to be put through directly to her when calling our office on 0330 33 22 770.