Drug Driving

Have you been accused of drug driving? Our leading motor defence solicitors can help you. We offer expert legal advice and representation throughout proceedings.

Drug driving can relate to both illegal and legal drugs, including prescription drugs and over-the-counter medication. If convicted, drug driving carries a mandatory driving ban and a range of other penalties.

To save your licence, you need a solicitor with experience in drug driving cases. This is a complex area of law and defences are often based on very nuanced technicalities.

To speak to a solicitor about a drug driving offence, call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Online Enquiry Form and we’ll be delighted to help you.

Why choose Ashmans Solicitors?

Drug driving is a serious offence with the potential for very heavy consequences. You can expect to face a mandatory 12-month ban and a fine at the very least. This can impact your work, your family life and your independence.

Given the severity of the situation, you need an experienced legal expert to fight your corner. At Ashmans Solicitors, we have extensive knowledge of drug driving laws. We understand the defences available, many of which are extremely technical in nature. When you instruct us, you can feel confident that case is in safe hands.

With Ashmans Solicitors, you can expect:

• Expert legal representation for clients across England and Wales
• Competitive fees
• Support and guidance for the duration of your case
• In-depth knowledge of drug driving laws
• 24/7 phone line
• Courtroom representation
• Proven success in similar cases

Start your defence now. Call us on 0333 009 6275, we are available 24 hours a day, 7 days a week.

If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Online Enquiry Form and we’ll be delighted to help you.

Drug driving and the law

To be found guilty of drug driving, the prosecution must prove that you drove a vehicle while over the set limit for one or more drugs.

There are set limits for both legal and illegal substances.

This means that you could be prosecuted for driving with prescription medication in your system if you exceed the threshold for that particular drug. This includes drugs such as:

• Amphetamines
• Clonazepam
• Diazepam
• Flunitrazepam
• Lorazepam
• Methadone
• Morphine or opiate and opioid-based drugs, like codeine, tramadol or fentanyl
• Oxazepam
• Temazepam

You can also be prosecuted for driving with illegal drugs in your system, including:

• Benzoylecgonine
• Cannabis
• Cocaine
• Heroin
• Ketamine
• MDMA

The above lists are not exhaustive. There are various ways in which you can be accused of drug driving. Our motor defence solicitors can help you, no matter what the circumstances.

Penalties for drug driving

The penalty for drug driving varies depending on the offence and the severity of the offence. If found guilty, you will almost certainly face:

• A fine
• A minimum 12 month driving ban
• Between three and 11 penalty points

You could be disqualified from driving for up to 36 months. The court also has the discretion to impose a community order and up to six months’ imprisonment.

Defences to drug driving

There are various defences to drug driving, including:

You were not driving – if you did not drive, then you cannot be convicted of drug driving.

Technical defence – did the police follow the correct procedures when testing you? Are the results accurate? If these things cannot be established, you cannot be convicted of drug driving.

Medical defence – did you take the drug after it was prescribed or supplied for medical/dental purposes? Did you take it in accordance with medical advice? Then you may have a defence.

Continuity of blood sample – can the prosecution prove the continuity of the blood sample? In particular, can they prove that it was taken from you, and that it has not degraded over time? This is known as the continuity defence.

Other issues with your blood sample – there are lots of other ways in which the integrity of your blood sample can be challenged. Issues might arise in relation to the interpretation of data, non-certified reference materials, and results based on averages (to name just a few examples). These are complex issues relevant only to drug driving defences. We can advise you in more detail.

Special reasons – while not a defence, there may be mitigating circumstances that caused you to drug drive, which may persuade the court to show leniency.

As leading motor defence solicitors, we can advise on the best possible defence in your case.

How we win your case

Drug driving cases stand apart from other types of motor offences. They are very technical, and the rules, procedures and technologies are subject to change. As experienced motor defence solicitors, we hold an in-depth knowledge of drug driving laws and remain up-to-date on the latest developments.

We apply this expertise to assess how best to proceed in your case. Just because you have a positive blood sample, does not necessarily mean that you will be convicted of drug driving. There are lots of defences to explore, many of which are not immediately obvious. These cases are often won on technicalities, and it takes a specialist solicitor to know how to succeed.

We work with leading experts to support your defence, including forensic toxicologists. Together, we can help you challenge a drug driving charge.