Is careless driving a criminal offence in the UK?

Yes, careless driving is a criminal offence, such as using a mobile phone or handheld device while in control of the car (this is can also be considered as an offence in itself, or as dangerous driving).

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Drug Driving Offence Solicitors

What is the law on drug driving in the UK?

Under UK law, driving under the influence of drugs, such as cannabis or cocaine, is considered an extremely serious criminal offence with severe penalties.

If you are found guilty of driving under the influence of drugs, a lengthy driving disqualification will be mandatory in almost all circumstances.

Other penalties for driving under the influence of drugs include prison sentences and substantial fines.

What happens if I get pulled over for drug driving?

If the Police stop you on suspicion of drug driving, you may be required to do a ‘field impairment assessment’. This involves a series of tests for co-ordination and balance, such as walking in a straight line or a one-leg stand.

You may also be asked to use a roadside drug kit to screen for cannabis and cocaine. If Police believe that you are unfit to drive because of drugs based on these tests, you may be arrested and will have to provide further tests at the Police Station.

If these tests show that you have taken drugs, you could be charged with driving under the influence of drugs.

What are the limits on drugs when driving?

On 2^nd March 2015, UK law introduced new classifications on both legal and illegal drugs, which made it illegal to:

Drive under the influence of controlled drugs above a specified limit
Attempt to drive under the influence of controlled drugs above a specified limit
Be in charge of a vehicle on a road or in a public place while under the influence of controlled drugs above a specified limit

The following illegal drugs are covered by the rules around driving under the influence of controlled drugs above specified limits:

Cannabis (weed)
Cocaine
Ecstasy
Ketamine

The limits on drugs have deliberately been set very low, so only a very small amount of a drug would be enough to put someone at risk of receiving a lengthy driving disqualification.

Smoking a cannabis cigarette one evening may still mean you are over the legal limit the following morning. As certain drugs take longer to leave your system, the risks of being over the limit are very high.

What are the limits for driving while taking prescription drugs?

It is a criminal offence under UK law to drive while under the influence of prescription drugs if it impairs your driving.

You should always discuss any potential side effects of medication with your doctor before driving to avoid any risk of being charged with a driving offence.

What are the penalties for drug driving?

The maximum penalty for drug driving is an unlimited fine and/or 6 months in prison, plus a minimum driving disqualification of 12 months.

Certain factors can increase the severity of the sentence imposed, such as:

The presence of more than one drug in the body
The presence of alcohol in the body
Evidence of an unacceptable standard of driving
Driving or attempting to drive an HGV, LGV or PSV
Driving or attempting to drive a vehicle for a financial reward

Several aggravating factors will also be considered when sentencing for drug driving, including:

Any previous convictions that are relevant to the offence of drug driving
The location where the offence was committed (e.g. near a school)
If the vehicle was carrying passengers
The weather conditions

Mitigating factors, which may be used in court to show reduced culpability or reduce the severity of any penalties, can include:

No previous convictions
Any remorse shown
Any mental health conditions
If there was a genuine emergency which required you to drive
If you are the sole/primary carer for a dependant

What are defences for drug driving?

If you are facing any charge related to drug driving, you should aways contact a criminal defence solicitor immediately. Our team at Lawtons are well-versed in this area of law and can implement the best defence strategy to reduce the impact on your future.

Medical defences can often be argued in defence of drug driving charges. This may require you to prove that:

The controlled drug in your system was prescribed or supplied for medical reasons
You took the drug in accordance with directions provided by the prescriber
Possession of the drug immediately prior to taking it was not illegal under the Misuse of Drugs Act 1971

Section 5A(6) of the Road Traffic Act 1988 provides a lawful defence for a person in charge of a vehicle while under the influence of drugs, if they can demonstrate that there was no likelihood of them driving while over the prescribed limit.

How can Lawtons Solicitors help you?

With over 200 years collective experience, our experts at Lawtons are well-equipped to handle all cases of drug driving with precision and care.

We understand how stressful it can be to navigate drug driving charges, especially considering the severity of the potential penalties. Let us help guide you through the process with compassion and expertise.

For more information on drug driving charges or to discuss an individual case with our team of specialist solicitors, please get in touch or call us on 0333 577 0522.

Relevant Legislation

FAQs about Drug Driving Offences

How do the police test for drug driving?

The police test for drug driving using a mouth swab test on the roadside. A blue line will appear if drugs are present.

How long do drugs stay in the system?

Drugs can stay in your system for longer than you think: cannabis up to 2 weeks in blood and 7-30 days in urine, cocaine 1-2 days in blood and 3-4 days in urine, barbiturates 1-2 days in blood and 2-4 days in urine and 1-2 days in blood and benzodiazepines 2-3 days in blood and 3-6 weeks in urine.

What is a controlled drug?

A drug/substance, either legal or illegal, that is tightly controlled by the government because it may be abused or cause addiction.

What is the difference between attempting to drive and being in charge of a motor vehicle?

Attempting to drive means, even if unsuccessful, that you are making an attempt to drive the vehicle. For example. if you are sat in the drivers seat and turn on the engine, this would be classed as attempting to drive. Being in charge of a motor vehicle means having control or the ability to control the vehicle’s use, even if it is stationary. This could occur before driving has started or after driving has finished. For example, if you are sat in either the driver’s or passenger seat with the engine off but you have the car keys, there is reasonable prospect that you may drive the vehicle.