Drug Driving

 

The following are several critical facts regarding drug driving in the United Kingdom:

Legal Framework:
 In the United Kingdom, it is unlawful to operate a motor vehicle with specific controlled drugs in one’s system at concentrations exceeding certain thresholds. This includes certain prescription medications and illicit drugs.

Controlled Drugs:
The law specifies 17 controlled drugs, including cannabis, cocaine, MDMA (ecstasy), and specific prescription medications such as methadone and diazepam.

Testing and Limits:
In order to prevent accidental exposure, such as passive smoking, the limits for each drug are set at an extremely low level. The limits for prescription drugs are established at levels that strike a balance between medical necessity and safety, while those for illegal drugs are exceedingly low.

Penalties:
A minimum one-year driving ban, an unlimited fine, up to six months in prison, and a criminal record are all potential consequences of being caught drug driving.

The enforcement of drink and drug driving

The current penalty for exceeding the legal blood alcohol concentration limit while operating a motor vehicle typically entails a prohibition from operating a vehicle, a fine, or even imprisonment.

The severity of the offence determines the severity of these penalties. Individuals may be subject to a three-month prison sentence, a fine of up to £2,500, and a potential driving ban for operating a vehicle while intoxicated or over the legal limit. Individuals are guilty of driving or attempting to drive while exceeding the legal limit or impaired by alcohol.

Drug Driving DVLA Endorsement Codes

Drug driving is a very serious offence and the police, the Driver and Vehicle Licencing Agency (DVLA), and other organisations use what is known as endorsement codes to classify these types of offences. The endorsement codes are explained here are solely related to drug driving offences.

The DVLA endorsement codes for drug driving are DG10, DG40, DG60, and DR80:

  • DG10: Driving or attempting to drive with a drug level above the legal limit. This applies to both legal and illegal drugs. The court will impose 3 to 11 penalty points on your licence.
  • DG40: When you are in charge of a vehicle while your drug level is above the specified limit. The court will impose 10 penalty points on your licence.
  • DG60: Causing death by careless driving with a drug level above the legal limit. The court will impose 3 to 11 penalty points on your licence.
  • DR80: Driving or attempting to drive when unfit through drugs. The court will impose 3 to 11 penalty points on your licence.

A driving endorsement code is a four-digit code that is added to a driving licence after a motoring conviction. Once added, the code cannot be removed.

The consequences of a drug driving conviction include:

  • A minimum one-year driving ban
  • A fine
  • A community order
  • Up to six months in prison
  • A criminal record, even if the driver is not sent to prison

The conviction will remain on the driver’s record for 11 years.

Statistics:
Recent data indicates a rise in the number of fatal collisions in which drug impairment was a contributing factor. The disparity between collisions caused by alcohol impairment and drug impairment has been decreasing.

Medications that are prescribed:
Additionally, driving is prohibited if the concentration of specific prescription drugs in one’s blood exceeds the prescribed limits and the medication has not been prescribed.

In March and April 2015, new, tougher legislation came into force, which includes legal driving limits for prescription drugs as well as illegal drugs. In this piece of legislation, eight prescription drugs and eight illicit drugs were added to the new regulations. In regard to illegal drugs, this outlined a zero-tolerance approach to ‘accidental exposure’ to the following:

  • Benzoylecgonine
  • Cocaine
  • Delta-9-tetrahydrocannabinol (cannabis)
  • Ketamine
  • Lysergic acid diethylamide
  • Methylamphetamine
  • Methylenedioxymethamphetamine (MDMA)
  • 6-monoacetylmorphine (heroin)

Drug driving limit:

The threshold limits of the drugs, both illegal and legal (prescription), that have been highlighted by the government vary for each and every substance. The government also states that they cannot provide any guidance on the dosage level that would set a person over the limit; as, in a similar way to alcohol, how each individual person reacts to a drug can vary due to a number of factors that include height, gender, weight and other characteristics.

Drug driving is a significant threat to road safety, and the United Kingdom has implemented stringent legislation to address it. Please do not hesitate to ask if you have any additional questions or require additional information.

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