Drug Driving and its Consequences | Smith Bowyer Clarke

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Drug Driving and its Consequences

Drug driving is a serious issue in the United Kingdom, with the use of controlled drugs leading to numerous accidents and fatalities on the road. The government has taken strict measures to tackle drug driving, and those caught violating the laws can face severe consequences.

The consequences of drug driving in the UK:

Drug driving is a criminal offence in the UK, and those caught drug driving can face significant penalties, including imprisonment, fines, and a driving ban. The penalties depend on the type of drug used and the amount found in the bloodstream. They will also depend on the offence charged. The two most likely offences are:

Section 4 RTA 1988 – Driving whilst unfit though drink or drugs or

Section 5A RTA 1988 – Driving or being in charge with concentration of specified controlled drug above specified limit

There are different drug limits set for different types of controlled drugs. These limits are measured in micrograms per liter of blood (µg/L). If the amount of drugs found in the bloodstream exceeds these limits, it is considered an offense, even if the driver is not impaired.

A sample of the current drug driving limits in the UK are (in microgrammes per litre of blood):

  • Benzoylecgonine (cocaine metabolite): 50 µg/L
  • Cocaine: 10 µg/L
  • Delta-9-Tetrahydrocannabinol (cannabis): 2 µg/L
  • Ketamine: 20 µg/L
  • Lysergic Acid Diethylamide (LSD): 1 µg/L
  • Methylamphetamine: 10 µg/L
  • MDMA (ecstasy): 75 µg/L

The penalties for drug driving

If you are caught drug driving in the UK, you will face a mandatory driving ban of at least one year, a criminal record, and a fine of up to £5,000. The severity of the punishment depends on the type of drug used and the amount found in the bloodstream.

For a first-time offender, the minimum driving ban is one year. For a second offence within ten years of the first, the minimum ban is three years. If the offender has a third offence within ten years of the first, the minimum ban is five years.

In some cases, the offender may also face imprisonment for up to six months. If the drug driving resulted in an accident that caused serious injury or death, the offender could face up to 14 years in prison.

The amount of time controlled drugs stay in someone’s system

The length of time that controlled drugs stay in someone’s system after ingestion varies depending on the drug and the individual’s metabolism. The time taken for the drug to be eliminated from the system can range from a few hours to several days or weeks.

For example, cocaine can remain in the bloodstream for 72 hours or longer after ingestion, while cannabis can remain in the system for 28 days or longer, depending on the frequency and amount of use.

It is important to note that even if the drug is no longer causing impairment, it can still be detected in the bloodstream and lead to prosecution. Therefore, it is essential to be aware of the drug driving limits and to avoid driving after using any controlled drugs.

Drug driving is a serious offence that can lead to severe penalties, including imprisonment and driving bans. The government has set strict limits for different controlled drugs, and it is essential to be aware that these limits are extremely low and to avoid prosecution controlled drugs should be avoided totally. It is also important to note that the time taken for the drug to be eliminated from the system varies, and you may be prosecuted for driving days or even weeks after ingesting the drugs.

Speak to our friendly team of lawyers who will be able to advise you on representation in the Magistrates’ Court.

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