New drug driving legislation came into place on 2nd March 2015 in England and Wales, making it easier for the police to catch and convict drug drivers.
This new legislation provides an effective way of delivering consequences to those that drive while under the influence of drugs. It is now illegal to drive if you are either unfit to do so because you’re on legal or illegal drugs, or you have certain levels of illegal drugs in your blood regardless of how these affect your driving.
If you are unsure on whether or not you should drive when taking prescription or over-the-counter drugs, you should talk to your doctor, pharmacist or healthcare professional.
If you are stopped whilst driving, the police are now allowed to enforce a ‘field impaired assessment’ if they think you are under the influence of drugs. This assessment includes a series of tests, for example, asking you to walk in a straight line or one leg stand test etc. They can also use a roadside drug kit to test for cannabis and cocaine. If they think that you are unfit to drive as a result of taking drugs, they will arrest you and you will have a blood or urine test at a police station or hospital.
Drug driving penalties
If you are convicted of drug driving you will get:
- A minimum 1 year driving ban
- an unlimited fine
- Up to 6 months in prison
- A criminal record
It will also show on your driving license that you have been convicted of drug driving, which will last for 11 years.
The penalty for causing death by dangerous driving whilst under the influence of drugs is up to 14 years in prison.
Other consequences you might face:
- Significant increase in car insurance costs
- Your employer will see your conviction on your driving license
- You may have trouble travelling to countries like the USA
- Job loss
- Loss of independence
How drugs can impair driving
The effects of driving under the influence of drugs include:
- Slower reaction times
- Impaired co-ordination
- Blurred vision
- Overconfidence
- Loss of concentration
- Increased risk-taking behaviour
- Inappropriate driving
- Unable to judge distances and speeds accurately
Cannabis
Users of cannabis often think driving under the influence is safer because they drive more slowly, however, cannabis can slow reaction and decision times. It can also distort a person’s perception of time and distance, resulting in decreased concentration and control of the vehicle.
Cocaine
Cocaine can lead to a sense of over-confident and this is reflected in the user’s driving style with users typically performing higher risk and more aggressive manoeuvres at greater speeds.
MDMA
Driving under the influence of MDMA is dangerous because it causes distorted vision, heightened perception of sounds, altered perception and judgements of risk, and over-confidence.
Threshold limits for drug driving
This law sets low threshold limits for both legal and illegal drugs. However, the limit for illegal drugs is set at a level that can rule out any claims of accidental exposure, and the limit for prescribed drugs exceeds the normal prescribed amount.
Illegal drugs:
Drug |
Threshold limit in microgrammes per litre of blood (µg/L) |
|---|---|
| Benzoylecgonine | 50 µg/L |
| Cocaine | 10 µg/L |
| Cannabis (THC) | 2 µg/L |
| Ketamine | 20 µg/L |
| LSD | 1 µg/L |
| Methylamphetamine | 10 µg/L |
| MDMA | 10 µg/L |
| Heroin | 5 µg/L |
Prescribed drugs:
Drug |
Threshold limit in microgrammes per litre of blood (µg/L) |
|---|---|
| Clonazepam | 50 µg/L |
| Diazepam | 550 µg/L |
| Flunitrazepam | 300 µg/L |
| Lorazepam | 100 µg/L |
| Methadone | 500 µg/L |
| Morphine | 80 µg/L |
| Oxazepam | 300 µg/L |
| Temazepam | 1,000 µg/L |
| Amphetamine | 250 µg/L |
Prescribed medication and driving
New drug drive legislation comes into force from 2 March 2015 in England and Wales. The new law sets limits not only for illegal drugs (e.g cannabis and cocaine) but also prescription drugs are included within the new law:
- Clonazepam
- Diazepam
- Flunitrazepam
- Lorazepam
- Oxazepam
- Temazepam
- Methadone
- Morphine
You are legally allowed to drive after taking these legal drugs if you have been prescribed them, you are following the professional health advice on how to take them, and they aren’t impairing your ability to drive even if you are above the specified threshold limit. You may be prosecuted if you drive with the above levels of these drugs in your body if you have not been prescribed them. This new law allows police to test and arrest drivers if they are suspected to have certain controlled drugs in excess of the threshold limit.
This is does not cover Northern Ireland or Scotland, however you could still be arrested if you are deemed unfit to drive.
Drug testing
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