What Happens If I Drive Under the Influence of Drugs?
The United Kingdom regards driving under the influence of drugs as a serious criminal offence along with severe penalties. If convicted, you may receive a custodial sentence, driving bans, fines, in addition to a criminal record.
You may be asked to partake in a field impairment assessment, and/or drug testing by law enforcement if stopped whilst driving. If either test is failed, you may be arrested and formerly charged.
If Police suspect that you are driving under the influence of illegal substances and you pass a roadside assessment, you may be arrested for further testing. Please refer to s7 of the Road Traffic Act 1988 and DPP v Crofton (1994) RTR 265 to learn more on your requirement to provide a sample for analysis testing.
Importantly, s4 of the Road Traffic Act 1988 is applicable when the quantity of substances exceeds a certain quantity. However, s5 of the Road Traffic Act 1988 is applicable when the quantity of substances is under a certain quantity.
What Are the Drug Driving Laws?
Due to the severity of this offence in the UK, legislative frameworks have been designed to set limits on both prescription and illicit substances whilst driving.
The main Drug Driving Laws include, but are not limited to:
- Road Traffic Act 1988
- Crime and Courts Act 2013
- Misuse of Drugs Act 1971
- Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024
Under UK Law, it is illegal to operate a vehicle if unfit to do so due to legal or illegal substance consumption. Accordingly, this stands regardless of whether you are over or under certain quantity of such substance.
For more information regarding the certain quantity of substances please refer to:
- Drug Driving Law Charges
- Drug Driving (Specified Limits) (England and Wales) Regulations 2014
- Drug Driving (Specified Limits) (England and Wales) (Amendment) Regulations 2015
There have been recent changes to the Misuse of Drugs Act 1971 implemented in January 2025.
These changes refer to a new generic definition that will now control twenty-two substances. This is explained further by the home office publication and the amendment itself.
What Is the Difference Between Attempting to Drive and Being in Charge of a Motor Vehicle?
If you attempt to drive a vehicle in a public space or on a road whilst under the influence of illegal substances, it is classified as an offence under s4(1) of the Road Traffic Act 1988.
Likewise, s4(2) specifies that is it an offence to also be the sole person in charge of the vehicle whilst under the influence of illegal substances.
What Defence Is There for A Driving Under the Influence Charge?
There is a provision stated within the Road Traffic Act 1988, specifically s5A(3), that refers to an individuals defence against such charge.
For example, an individual has a lawful defence if a substance was supplied by a medical practitioner under the Misuse of Drugs Act 1971. This defence is only applicable if the driver follows direct medical advice, as confirmed by s5A(4) of the Road Traffic Act 1988.
An additional defence described within the Road Traffic Act 1988 can be seen within s5A(6). This section states that if a person is in charge of a vehicle with an illegal substance in their blood or urine above the legal limit, a lawful defence is warranted if they prove there was no likelihood of them driving while over the threshold.
Legislation
- Road Traffic Act 1988
- Crime and Courts Act 2013
- Misuse of Drugs Act 1971
- Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024
Related Cases
- DPP v Crofton (1994) RTR 265
References
- Drugs and driving: the law – GOV.UK
- Road Traffic – Drink and Drug Driving | The Crown Prosecution Service
- http://www.legislation.gov.uk/ukpga/1988/52/section/5
If you need further information or expert legal advice on this matter, contact McArthur Solicitors today on enquiries@mcarthursolicitors.co.uk or 020 4587 4583. Our team is here to help.
Andrew McArthur & Georgina Bath
