The offence
Section 5A of the Road Traffic Act 1988 creates two offences: driving with a specified controlled drug above the prescribed limit, and driving while unfit to drive through drugs. There are zero-tolerance limits for a group of controlled drugs including cannabis, cocaine and ketamine, and risk-based limits for others. Section 4 also covers driving while unfit through drugs.
Defences
- The drug was prescribed and taken in accordance with medical advice, and you were not unfit to drive
- Dispute over whether you were driving or 'in charge' of the vehicle
- Procedural issues with the specimen and the testing procedure
- Not unfit to drive, where the charge is brought under section 4
Penalties
Drug driving carries a minimum 12-month disqualification, up to six months’ imprisonment, and an unlimited fine. The penalties broadly mirror those for drink driving. Causing death by careless driving when under the influence of drink or drugs carries a maximum of 14 years’ imprisonment.
Frequently asked questions
Not if the drug was prescribed and taken in accordance with medical advice and you are not unfit to drive. Exceeding the dose, or combining drugs so as to become unfit, can lead to a charge.
Drug driving carries a minimum 12-month disqualification, in the same way as drink driving, together with the possibility of custody and an unlimited fine.
Yes. Where the drug was prescribed and taken as directed, and you were not unfit, there is a statutory defence. Procedural and testing issues can also be challenged.
Limits are set out in the regulations for each specified drug. The blood limit for cannabis is very low, reflecting the zero-tolerance approach, so even small amounts can give rise to a charge.