Drug Driving Legal Limits

What are the drug driving limits?

Understanding the legal limits for drug driving can be a complex and frustrating task. Unlike drink driving, where the limits are more straightforward and widely understood, drug driving limits are not only extremely low but also difficult to interpret in real-world terms. This lack of clarity makes it alarmingly easy to unknowingly exceed the legal limits and potentially face serious consequences. Crucially, it is important to note that you can be convicted of drug driving even if you did not intend to exceed the limit, and even if your driving ability was not impaired at the time. This can make drug driving cases particularly challenging, but it also presents opportunities to build strong defences. At MAJ Law, we specialise in handling such cases and offer free initial advice to anyone facing drug driving charges. Let us help you explore your options and understand your rights.

Legal Drug Driving Limits

The law sets specific thresholds for both illegal and prescription drugs in the bloodstream. These thresholds are measured in micrograms per litre of blood (‘µg/L’). Below are the current legal limits:

The legal drug driving limits are as follows:

(‘µg/L’ means ‘micrograms per litre of blood)

Prescription Drugs 

While these limits may seem definitive, they are far from straightforward. For many drugs, the amounts specified are so low that even small, residual traces in your system could result in exceeding the legal threshold. Moreover, the presence of these substances in your blood does not necessarily mean that your driving ability was impaired. This distinction is key in building a defence against drug driving charges.

The Context and Challenges of Drug Driving Limits

One of the most concerning aspects of drug driving laws is how they are applied in practice. The legal limits themselves are often meaningless in real-world terms. For instance, the threshold for Delta-9-Tetrahydrocannabinol (the active ingredient in cannabis) is just 2µg/L. This is an incredibly low amount and could be exceeded long after any impairing effects have worn off. Similarly, prescription drugs like diazepam and lorazepam, often taken under a doctor’s guidance, can lead to unintended breaches of the legal limits.

The sentencing guidelines issued by the Magistrates’ Courts Sentencing Council in November 2016 have further complicated matters. According to these guidelines, magistrates are directed to impose a 12-month driving disqualification for a first-time offender, even if the individual’s blood test results are only marginally above the legal limit. For those with a previous conviction for drink or drug driving within the last ten years, the disqualification period increases to a minimum of three years. In cases where aggravating factors are present, such as involvement in a collision, evidence of poor driving, or driving with passengers, the penalties can be even harsher.

This strict approach highlights the importance of avoiding a conviction in the first place. If you are convicted, a disqualification is almost unavoidable. However, if you can successfully challenge the case against you and avoid a conviction, you will not face these penalties.

Building a Defence Against Drug Driving Charges

One of the most effective ways to challenge a drug driving charge is to scrutinize the evidence presented by the prosecution. The blood test results, often treated as definitive proof of guilt, are not always as reliable as they appear. The analytical data accompanying these results can run to over 300 pages and include critical details such as:

• Calibration Checks: Ensuring that the equipment used for testing was properly calibrated. Errors in calibration can lead to inaccurate results.

• Quality Control & Quality Assurance: Verifying that all testing procedures met the required standards and that any potential issues were addressed.

• Sample Preservation & Storage: Ensuring that the blood sample was stored correctly to prevent contamination or degradation.

• Method of Analysis: Examining the testing methods used to identify whether they comply with industry standards and legal requirements.

By carefully analysing this data, our expert team can identify errors or inconsistencies that may cast doubt on the reliability of the test results. These findings can then be used to challenge the prosecution’s case and potentially secure a favourable outcome for you.

Prescription Drugs: A Hidden Risk

While much of the focus around drug driving laws tends to be on illegal substances, prescription drugs can also pose a significant risk. Many people are unaware that they could be breaking the law simply by taking medication prescribed by their doctor. For example, diazepam, commonly used to treat anxiety, has a legal limit of 550µg/L. Depending on the dosage and your body’s metabolism, it’s entirely possible to exceed this limit without realizing it.

It is important to remember that being over the legal limit for a prescription drug does not necessarily mean you were unfit to drive. If you were taking the medication as prescribed and were not impaired, this could form the basis of a strong defence. At MAJ Law, we can help you explore these defences and work towards achieving the best possible outcome.

The Consequences of a Drug Driving Conviction

A drug driving conviction can have serious and far-reaching consequences. In addition to a driving disqualification, you could face a fine, community service, or even imprisonment in more severe cases. Beyond the immediate penalties, a conviction can also have a lasting impact on your personal and professional life. For example:

• Increased Insurance Costs: Following a conviction, your car insurance premiums are likely to increase significantly. Some insurers may even refuse to cover you altogether.

• Employment Issues: A drug driving conviction could affect your job, particularly if your role involves driving or if your employer conducts regular background checks.

• Travel Restrictions: Certain countries, such as the United States, may deny entry to individuals with drug-related convictions.

Given these potential consequences, it is crucial to take any drug driving charge seriously and seek professional legal advice as soon as possible.

Free Initial Advice: How We Can Help

At MAJ Law, we understand how stressful and overwhelming it can be to face a drug driving charge. That’s why we offer free initial advice to anyone in this situation. Our team of expert solicitors has extensive experience in handling drug driving cases and can provide you with clear, practical guidance on your next steps.

When you contact us, we will take the time to listen to your story, review the details of your case, and explain your options. Whether you’re looking to challenge the evidence, explore potential defences, or simply understand the process, we’re here to help. With our support, you can approach your case with confidence, knowing that you have a dedicated team on your side.

Key Points to Remember

1. Drug driving limits are extremely low: This makes it easy to unintentionally exceed them, even if you’re not impaired.

2. You can be convicted even without intent: The law does not require evidence of impairment or intent to exceed the limit.

3. Defences are available: By challenging the evidence and highlighting errors or inconsistencies, it is possible to avoid a conviction.

4. Free initial advice is available: At MAJ Law, we offer free consultations to help you understand your options and plan your defence.

Contact Us Today

If you’ve been charged with drug driving, don’t face it alone. Contact MAJ Law today for free, confidential advice. Our team of experts is ready to guide you through the process and help you achieve the best possible outcome. Simply fill out the contact form below, and we’ll be in touch shortly. Let us take the stress out of your situation and provide you with the support you need to move forward.

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