Drug driving offence and drug screening devices: background information
Updated 27 March 2014
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Reasons why we are introducing a new drug driving offence
The Crime and Courts Act 2013 includes a new offence of driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels. This is similar to, but not the same as, current drink driving legislation (that is, section 5 of the Road Traffic Act 1988).
The new offence will increase the effectiveness of enforcement activity, with the intention of bringing more drivers under the influence of drugs to justice, deterring driving whilst impaired through drugs and improving road safety.
The evidence showing that drug driving is a big problem
The Review of Drink and Drug Driving Law by Sir Peter North (June 2010) concluded that there was “a significant drug driving problem, which is out of all proportion to the 56 fatal and 207 serious accidents reported by police in 2008 as involving impairment by drugs”.
Penalties which the new offence will attract
The penalties available for the new drug driving offence will be similar to those for the existing offence of driving or being in charge of a motor vehicle with an alcohol concentration above the prescribed limit for drink driving. This will involve up to 6 months imprisonment and / or a fine of up to £5,000. For driving above the limit, there is also disqualification for at least 12 months.
It is not currently a crime to have a drug in the body - the new offence will not change this
The new offence is purely related to driving (or being in charge of a vehicle) with drugs in the body. This is aimed at improving road safety. Under the current law it is already an offence to drive while unfit through drugs.
Secondary legislation (in the form of regulations) will set out the drugs covered by the offence and the specified limits for each. This will focus on drugs that reduce people’s capacity to drive safely.
What the new offence will mean for drivers who take medication and drive
The new offence does not cover most standard medication. It covers drugs which are controlled drugs under the Misuse of Drugs Act 1971 and which impair driving or otherwise affect road safety. Often the supply and possession of such drugs is illegal already, but some have medical uses.
There is a specific defence related to the controlled drugs covered by the new offence. This covers controlled drugs taken in accordance with medical advice.
In general, if you take medication and need to drive, you need to check with your doctor or pharmacist and follow the advice enclosed with your medication about driving.
It already is, and remains, an offence to drive while impaired through drugs - and this applies to driving while impaired by any type of drug.
Effects of the new offence on drivers who are on prescribed medication which might have traces of controlled drugs
The new offence provides a defence for those who are taking specified controlled drugs in accordance with medical advice.
The existing offence (under section 4 of the 1988 Act), which covers driving while impaired due to drugs, will continue to be relevant to deal with those whose driving is impaired by prescribed drugs (including specified controlled drugs taken in accordance with medical advice), ‘legal highs’ and controlled drugs not specified for the purposes of the new offence.
The police will have to prove impairment on a case by case basis for those who are charged with the existing offence (under section 4 of the 1988 Act).
The difference between the existing offence (in section 4 of the Road Traffic Act 1988) and the new drug driving offence
Securing a conviction under the existing law in section 4 of the Road Traffic Act 1988 (driving unfit through drugs) requires the police to prove that:
- the offender was driving or in charge of a vehicle;
- the offender was impaired so as to be unfit to drive and
- the impairment was caused by presence of drugs.
- the new specified limit offence will relieve the need for the police to prove impairment case-by-case where a specified drug has been detected above the specified limit.
The new offence will provide a more effective tool for dealing with the danger posed by driving under the influence of drugs, create a stronger deterrent against it, and ultimately contribute to reducing its incidence.
How we propose the new offence will work with the existing offence
The police will use the new offence to prosecute drivers whose evidential blood samples contain more than the specified limits of those drugs provided for in regulations.
If the driver’s evidential sample results do not detect drugs from the regulations, but there are other drugs present and there is evidence of impaired driving, the driver may be dealt with under the existing offence under Section 4 of the 1988 Act.
How we decided a level for each drug that will impair driving
We called on a group of experts to work together to come up with recommendations for the types and levels of drugs to be covered by the new offence. The experts focused on the most common and prevalent controlled drugs for which there is evidence of causing impairment to driving and other road safety problems.
The list of drugs and levels were proposed in a public consultation in 2013 after considering the recommendations of the expert panel and the new offence creates the power to set these in regulations. The government’s proposed drugs and their limits were supported and will therefore be included in the regulations to be presented to Parliament. The new offence is then expected to come into force later in 2014, subject to Parliamentary approval.
Roadside drug screening devices
The drug detection devices will only be used as preliminary screening devices which will help the police to assess whether a driver’s condition might be due to presence of drugs.
The government completed the testing and approval process for devices for use in police stations at the end of 2012. These devices have therefore been ready for use in 2013 - before the commencement of the new offence. They will help the effective enforcement of the law related to driving under the influence of drugs.
Roadside drug screening devices will help the police enforce the new offence. A guide to type approval was issued in September 2013 and it is expected these devices will be type approved as close as practicable to the commencement of the new offence.