Drink and drug driving

Know your limits and rights

What is the standard process of being charged with drink or drug driving?

Usually after you are stopped by the Police on suspicion of drink or drug driving a roadside sample will be provided, either in the form of a breath sample (alcohol) or a mouth swab (drugs). If the reading for alcohol is over the legal limit; 35 microgrammes of alcohol in 100 millilitres of breath,  80 milligrammes of alcohol in 100 millilitres of blood, or 107 millilitres of alcohol in 100 millilitres of urine, or if the drug swipe is positive for drugs then you will be arrested and taken to custody. Once you are booked into custody you will be asked to provide a further sample of breath or blood or urine. You cannot choose which.

You may be interviewed by the Police under Caution depending on whether you have been seen by a Police officer as driving prior to being stopped.

If you have provided a specimen of breath which is over the legal limit then you will likely be charged at the Police Station.

For cases where a blood or urine sample is taken these will need to be sent off for analysis and you could be bailed to return to the Police Station or, as is more likely, be ‘released under investigation’ where you will later receive either a court summons or a notice of no further action, depending on the results of the analysis.

Are there any differences between how drink driving and drug driving are charged?

Driving with excess alcohol and drug driving are two separate offences. However they are charged in the same way, namely if you are deemed to be over the legal limit after an evidential specimen is taken, then you will be charged and will have to attend court.

The legal limit for alcohol is 35mg in 100ml of breath. The sentences are more serious the more alcohol is in your system. For example a reading of 36 – 59 in breath carries a starting point for sentence, based on a first time offender, without credit for a guilty plea, as a financial penalty with a suggested disqualification of between 12-16 months. Whereas a reading of 120–150 in breath carries a starting point of 12 weeks custody with a suggested disqualification of between 29-36 months

This is different with drug driving. Once the specified limit for any of 17 specified controlled drugs is exceeded; either you are over the prescribed limit or you are not. The amount you are over does not make any difference to the charge or sentence. The 17 drugs include both illegal drugs and drugs that may be medically prescribed.

Does the law differ for drivers under the influence of prescribed drugs as opposed to illegal drugs?

Some prescribed drugs come under the drug driving provisions. For example morphine carries a legal limit of     80 microgrammes per litre of blood.

The limits for illegal drugs are set in line with a zero-tolerance approach but rules out accidental exposure.

The limits for medically prescribed drugs are set in line with a road safety ‘risk-based’ approach, at levels above the normal concentrations found with therapeutic use.

Are there different charges for different drugs?

No. A charge of drug driving falls under s.5A Road Traffic Act 1988. It makes no difference which of the 17 drugs are involved, you will be charged under the above section.

You could also be charged with being ‘in charge’ of a motor vehicle whilst under the influence of drink or drugs. Being ‘in charge’ comprises of various scenarios where someone is not actually driving a vehicle but remains in control of it e.g sitting in the car with the engine running.

What happens if you refuse to be breathalysed or provide a specimen to the police?

Failing to co-operate with preliminary (roadside) breath test carries 4 penalty points and a maximum fine of £2,500.

If you refuse to provide a specimen for analysis this is an offence under s.7(6) Road Traffic Act 1988. This carries a maximum sentence of 6 months imprisonment and/or an unlimited fine.

A person who, without reasonable excuse, fails to provide a specimen when required to do so commits an offence of failing to provide.

If you are caught driving under the influence of drink and drugs, will you be prosecuted separately for the offences?

Yes. They are two separate offences. Both have their own sentencing guideline/guidance. Both carry a mandatory driving disqualification. However if you are charged with both offences then the Court will need to take into account totality and you would not receive two driving disqualifications which ran consecutively (one after another). However being charged and convicted of both drink and drug driving at the same time is likely to result in there being an increase in the period of the driving disqualification imposed.

If you need help with any issue raised in this article, please contact one of our team today.