FACT SHEET: NEW DRUG DRIVING OFFENCE
There is already an offence of driving whilst impaired through drugs in section 4 of the Road Traffic
Act 1988. This offence will remain in force alongside the new drug driving offence.
The purpose of this leaflet is to draw your attention to the new offence of driving, attempting to
drive or being in charge of a vehicle with a specified controlled drug in the body, in excess of a
specified limit, expected to come into force on 2 March 15. The types of controlled drugs fall broadly
into two groups:
1) Commonly abused drugs for which low limits have been set including Cannabis, Cocaine,
Ecstasy, LSD, Ketamine, Heroin / diamorphine and Methylamphetamine.
2) Mainly licensed medicines that have a significant liability to be abused, and for which the
specified limits have been set at a higher level than the first group and include Clonazepam,
Oxazepam, Diazepam, Lorazepam, Temazepam, Methadone, Morphine, and Amphetamine.
The police have new powers to test and prosecute drivers. Roadside drug screening devices will
use saliva. Following a positive screening result, the person can then be requested to provide a blood
sample for evidential purposes, to enable prosecution for the new offence if above the specified limit.
If investigated for drug driving, the new offence has a statutory “medical defence” to protect
patients who may test positive for certain specified drugs if the drug was lawfully prescribed, supplied,
or purchased over-the-counter, for medical or dental purposes and taken in accordance with advice
given by the person who prescribed or supplied the drug, and in accordance with any accompanying
written instructions. You may not be asked to provide a blood sample.
If the police have evidence that driving was impaired due to drugs, whether prescribed or not, they
can prosecute under the existing offence of driving whilst impaired through drugs offence
described in section 4 of the Road Traffic Act 1988, for which there is no statutory “medical defence”.
In case of being stopped by the police, it may be helpful for patients affected by the new regulations to
keep some suitable evidence with them when driving to show they are taking the drug as prescribed
or supplied by a healthcare professional or bought over-the-counter and taken in accordance with the
leaflet accompanying the medicine. The patient may wish to choose carefully to minimise the risk of
sharing personal or sensitive information they would prefer to keep confidential.
If the police are satisfied that a driver is taking the relevant medicine on the advice of a healthcare
professional or in accordance with the accompanying leaflet, the police will not prosecute for this
offence.
It remains the responsibility of all drivers to consider whether they believe their driving is, or might be,
impaired on any given occasion, for example if they feel sleepy. It will remain an offence, as now, to
drive whilst their driving is impaired by drugs; and, if in doubt, drivers should not drive.
The non-prescribed use of benzodiazepines and/or the use of doses above therapeutic level, this
whether in a substance withdrawal/maintenance programme or otherwise, constitutes
misuse/dependency for licensing purposes. This will lead to licence refusal or revocation by the
DVLA. Car drivers or motorcyclists can reapply for a licence when they have not misused
benzodiazepines for 1 year.
If you are prescribed one of the medicines on the list, you may wish to take this opportunity to discuss
the risks and benefits of continuing treatment. If so, please make a non-urgent routine appointment
with your GP.
July 2014