Drink and Drug Driving
Driving under the influence of alcohol or drugs is a serious motoring offence in the UK, and a strong defence needs an expert drink and drug driving solicitor. At Newtons, we understand how stressful such a charge can be, potentially jeopardising your licence, reputation and career. When you are facing a fine, ban or imprisonment in the UK, our drink driving solicitors can provide comprehensive legal support and a rigorous defence strategy to fight for a fair outcome.
What Constitutes Drink Driving
Drink driving is a criminal offence under Section 5 of the Road Traffic Act 1988. Broadly, drink driving is defined as operating or being in charge of a motor vehicle while impaired by alcohol. The law distinguishes between two closely related offences:
- Drink driving: Driving or attempting to drive a vehicle while over the legal alcohol limit
- Drunk in charge: Being in control of a vehicle while over the legal alcohol limit (e.g. sitting in the driver’s seat or holding the keys), where there is a realistic possibility that you have driven while impaired but the police cannot prove that you did
What Constitutes Drug Driving?
Under Section 5A of the Road Traffic Act 1988, drug driving is another offence which involves operating or being in charge of a motor vehicle while impaired by legal or illegal drugs. As with drink driving, it is against the law to drive, attempt to drive or be in charge of a vehicle while over the drug limit.
Drink and Drug Driving Limits
There is no set number of units of alcohol that you can drink to remain under the legal driving limit. This is because our bodies process alcohol differently according to our age, sex, weight, metabolism, medication and stress levels, as well as what we have eaten and the type of alcohol we have drunk. Therefore, if you are suspected of drink driving, the authorities measure how much alcohol is in your system when you are controlling a vehicle.
There are strict alcohol limits for drivers in the UK. However, Scotland imposes much lower limits than England, Wales and Northern Ireland.
- 35 micrograms (22 micrograms in Scotland) of alcohol per 100 millilitres of breath
- 80 milligrams (50 micrograms in Scotland) of alcohol in 100 millilitres of blood
- 107 milligrams (67 micrograms in Scotland) of alcohol per 100 millilitres of urine
Driving while impaired due to drugs is also a criminal offence in the UK. Whether you have been prescribed medication containing any of the following drugs or taken them illegally, you should always remain mindful of their lasting presence in your body. Per 1,000 millilitres of blood, the specified limits for controlled drugs are:
- 50 micrograms of Benzoylecgonine
- 50 micrograms of Clonazepam
- 10 micrograms of Cocaine
- 2 micrograms of Delta-9-Tetrahydrocannabinol
- 550 micrograms of Diazepam
- 300 micrograms of Flunitrazepam
- 20 micrograms of Ketamine
- 100 micrograms of Lorazepam
- 1 microgram of Lysergic Acid Diethylamide
- 500 micrograms of Methadone
- 10 micrograms of Methylamphetamine
- 10 micrograms of Methylenedioxymethamphetamine
- 5 micrograms of 6-Monoacetylmorphine
- 80 micrograms of Morphine
- 300 micrograms of Oxazepam
- 1,000 micrograms of Temazepam
How Do Police Test Alcohol and Drug Intake?
The police test for alcohol and drug intake in different ways, both at the roadside and at the police station:
Alcohol
The police have the right to ask you to take a roadside breath test (a breathalyser) if you are suspected to have been drinking and are driving, attempting to drive or in charge of a vehicle.
If you fail the breath test, you will be taken to a police station for a second one. If you fail again, you will be charged with drink driving and asked to give a blood or urine sample as further evidence. Refusing to take a breath test or provide further samples is an offence.
Drugs
The police also have the right to ask you to take a roadside drug test (a mouth swab or drugalyser) if you are suspected of having taken drugs and are driving, attempting to drive or in charge of a vehicle.
The police will use a swab to collect a saliva sample from your tongue to check for the presence of cocaine or cannabis in your system. If they suspect that you are under the influence of any other drugs, they will test your balance, coordination and cognition.
If you fail the roadside drug test or exhibit clear signs of impairment, you will be taken to a police station to give a blood or urine sample and to be charged with drug driving. Refusing to take the roadside drug test or provide further samples at a police station is an offence.
Penalties for Drink and Drug Driving
The legal penalties for driving while impaired by alcohol or drugs vary widely with the severity of the offence, such as whether you were driving, attempting to drive or merely in charge of a vehicle. How much you exceeded the legal limit is also a key factor in determining an appropriate sentence.
As drink and drug driving are tried in the Magistrates’ Court, potential sentences include a fine, a ban or time in prison. However, a conviction can have a negative knock-on effect, leading to job loss, increased car insurance costs and difficulty entering certain countries.
Whether you need a drink driving solicitor, a drunk in charge solicitor or a drug driving solicitor, it is important to have legal representation to stand the best chance of reducing a possible penalty and restoring your reputation.
Defences for Drink or Drug Driving
If you have been charged and summoned to court, you need an experienced drink or drug driving lawyer to present your defence in the most compelling way possible and challenge the prosecution’s case. When you choose Newtons as your legal representatives, we could recommend several alternate defences:
Procedural errors
When testing, arresting and charging for drink or drug driving, the police must follow a strict procedure. If they skip a step when obtaining a sample, fail to read you your rights or complete the paperwork incorrectly, their evidence can be ruled inadmissible in court.
Faulty testing equipment
This defence challenges the reliability of the breathalyser or drugalyser the police used. If there is evidence that the machine was poorly maintained or produced inconsistent results, it cannot be trusted to have given definitive proof that you were over the legal limit.
Challenging test results
Your drink or drug driving lawyer may dispute the accuracy of the blood or urine analysis and have an independent lab test the sample. This way, it may also be possible to show that certain medical conditions or medications skewed the readings.
Continuity of evidence
The prosecution must prove a seamless ‘chain of custody’ of samples, from leaving your body to entering the testing lab. If a sample was left unattended, mislabeled or stored at the wrong temperature, the prosecution’s evidence can be ruled contaminated or tampered with.
Lack of consent
To be legally valid, a sample must be taken with your informed consent. If the police pressure, mislead or fail to properly ask for permission before taking a sample, the evidence is gathered unlawfully and can be disregarded.
Failure to provide a sample
While failing to provide a sample is itself an offence, you may be able to show that you had a reasonable excuse for doing so. If the police cannot obtain a sample, then they cannot prove you were over the legal limit when driving, attempting to drive or being in charge of a vehicle.
Doctor in immediate charge
If you were admitted to hospital after an incident, the police cannot take a sample without the explicit permission of the medical doctor in charge of your care. If the police take a sample after the doctor has objected or without consulting the doctor, they are acting illegally.
‘Hip flask’ defence
This defence involves proving that you consumed alcohol or drugs after parking your vehicle but before providing a sample to the police. Your drink or drug driving solicitor will arrange testing to back-calculate that you were below the legal limit when you were driving.
Legal Support from Drink and Drug Driving Solicitors
When you are under investigation for drink or drug driving, Newtons Solicitors provide clear legal advice and expert defence strategy. We appreciate that, as well as your licence, your reputation and career are on the line. With tact and empathy, our drink and drug driving offence solicitors do everything possible to fight for your best outcome. Please contact us to arrange a consultation at your nearest office or call 0800 038 5500 for urgent enquiries.
Drink and Drug Driving FAQs
If the police suspect that you are driving, attempting to drive or in charge of a vehicle while impaired by alcohol or drugs, they have the right to ask you to take the relevant roadside test(s). If you fail these, you will be taken to a police station to provide further samples or to be arrested and held in custody. At this point, it is crucial to contact a specialist drink or drug driving offence solicitor to protect your rights and intervene before you are charged.
Depending on what you were doing when the police first suspected that you were under the influence of alcohol or drugs and how much in excess of the legal limit you were at the time, you could face a fine, disqualification from driving or time in prison. If you are summoned to court, an expert drink or drug driving solicitor may be able to present mitigating factors and negotiate your sentence. For example, if being caught drink driving was your first offence in the UK, you may face a lighter sentence than if you had an existing criminal record.
No, the police cannot impose a driving ban at the roadside. If your case goes to trial, the court may decide to disqualify you from driving for a set period, with the ban effective from the date of the sentencing.
Refusing to provide a sample of breath, blood or urine is a criminal offence unless you have a reasonable excuse. These include:
- You have a diagnosed respiratory or lung condition, such as asthma or COPD, that prevents you from blowing the required volume of breath
- You cannot exhale forcefully enough due to a physical injury, such as a broken rib or chest trauma
- You are incapacitated due to a severe panic attack or mental condition and unable to understand the request or cooperate
A false positive occurs when legal substances chemically mimic or react with a test, incorrectly indicating the presence of alcohol or drugs in your system. For instance, a breathalyser may show that you are over the limit, even if you have only consumed the alcohol in mouthwash, prescribed medication or some asthma inhalers. Similarly, drug tests may become confused by the presence of certain medicines, decongestants, antidepressants, anti-inflammatories or even snacks such as poppy seeds.