The Government is currently consulting on plans which it says will make it easier to prosecute those who drive under the influence of illegal drugs.
In January 2012, the Government announced that it would be introducing a new offence of driving with a specific controlled drug in the body above the specified limit for that drug. The Government believes that the new offence will reduce the wasted time, expense and effort involved for the police and the courts when prosecutions fail because of the difficulty of proving that a driver is impaired by a particular drug.
Roads Minister, Stephen Hammond, said:
“Drug driving is a menace which devastates families and ruins lives. That is why we are proposing to take a zero tolerance approach with those who drive under the influence of illegal drugs and sending a clear message that this behaviour will not be tolerated.
We have also put forward our proposals for dealing with drivers who use specific prescribed drugs. We know that the vast majority of people who use these drugs are doing so responsibly and safely and that is why our approach does not unduly penalise drivers who have taken properly prescribed medicines.
Together, these proposals will make our roads safer for everyone by making it easier for the police to tackle those who drive after taking illegal drugs and clarifying the position for those who take medication.”
The Government proposes to set the limits at a level that does not catch someone who has consumed a very small amount of an illegal drug inadvertently. However, it proposes a zero tolerance approach to the following 8 controlled drugs which are known to impair driving:
- Cannabis
- MDMA (Ecstasy)
- Cocaine
- Ketamine
- Benzoylecgonine (primary metabolite of cocaine)
- Methamphetamine
- Lysergic Acid Diethylamide (LSD)
- 6-monoacetylmorphine (6-MAM – heroin and diamorphine)
In addition to the eight illegal drugs listed above, the Government proposes to set limits for eight controlled drugs that have recognised and widespread medical uses but which can also affect a patient’s ability to drive. In most cases, it will avoid the new offence catching out drivers who have taken properly prescribed or supplied drugs in accordance with the directions of a healthcare professional or the drug manufacturer.
There is one further controlled drug, amphetamine, which has some medical use in specific circumstances but is also often taken illegally and which the government proposes to include in the regulations. The consultation seeks views on what a suitable limit might be for amphetamine
For advice in relation to drug driving, or any other area of transport law, contact Jared Dunbar at Dyne Solicitors on 01829 773 105.
Content is believed to be correct at time of writing. Content written on 20 August 2013.