Drug Driving Solicitor Birmingham

The drug driving offence under section 5A of the Road Traffic Act 1988, introduced in March 2015, makes it an offence to drive or attempt to drive with a controlled drug in the blood above the specified limit. Unlike drink driving, which uses a single alcohol limit, section 5A sets separate prescribed limits for 17 different controlled drugs.

The drugs are divided into two categories. Illegal drugs include cannabis (THC limit: 2 micrograms per litre of blood), cocaine (10 micrograms), MDMA (10 micrograms), heroin (5 micrograms), and others. Prescribed medications include diazepam (550 micrograms), morphine (80 micrograms), methadone (500 micrograms), and several others. The prescribed drug limits for medications are set at levels above therapeutic doses, meaning that taking medication at the prescribed dose should not breach the limit — though there are important exceptions.

A separate offence under section 4 of the Road Traffic Act 1988 covers driving whilst unfit through drugs, where impairment rather than a specific drug level must be proved. This offence predates the 2015 legislation and is still used where impairment is evident but blood levels cannot be easily measured.

Police use roadside drug testing devices (DrugWipe) to test a saliva sample for cannabis and cocaine. A positive roadside test leads to arrest and a requirement to provide a blood sample at the police station or a healthcare professional. The blood sample is analysed by a forensic laboratory, and it is the blood reading — not the roadside test — that forms the basis of any prosecution.

The accuracy and reliability of the DrugWipe device and the laboratory analysis can be challenged. David advises on the chain of custody of blood samples, the reliability of the laboratory analysis, and procedural compliance in the testing process.

Section 5A(3) of the Road Traffic Act 1988 provides a statutory medical defence where a controlled drug was taken in accordance with a medical practitioner’s instructions or, if no instructions were given, in accordance with the manufacturer’s instructions, and the driver’s driving was not impaired by the drug. This defence is available for prescribed medications such as diazepam, morphine, and methadone.

The defence requires careful preparation including evidence of the prescription, the dosage taken, compliance with prescribing instructions, and medical evidence that the driver was not impaired. David advises on whether the medical exception defence is available and prepares the supporting evidence where it is.

A conviction for drug driving carries a mandatory minimum disqualification of 12 months, an unlimited fine, up to 6 months imprisonment (though custody is rare for a first offence at lower blood levels), and a criminal record. The conviction must be declared to insurers and will significantly increase premiums on return to driving. The fact of a drug driving conviction appears on the DVLA licence record for 11 years.

David appears regularly at Birmingham Magistrates’ Court and advises on the likely sentencing outcome in each case before any plea is entered.