Drink Driving Penalties in UK. The Law, Limits, Charges and Defences.

Are drug driving penalties the same as drink driving penalties in UK?

The law has prohibited drink driving for a long period of time now and imposed harsh drink driving penalties. Drink driving is now generally sternly frowned upon by society. Drug driving has only recently been properly regulated, most likely due to the greater difficulties involved in testing people – non-invasively – for being under the influence of drugs. Harsh penalties are imposed, similarly to drink driving penalties.

Drug driving refers to getting behind the wheel of a vehicle under the influence of any substance, whether legal (ie. prescription drugs) or illegal, that is likely to impair your driving ability. Under Section 107 of the Railways and Transport Safety Act 2003 it is an offence to drive a motor vehicle while under the influence of a controlled drug. Also under the Act, police officers have powers to undertake roadside drug tests on drivers.

Drink driving

The law in relation to drug driving differs markedly from the law on drink driving in that it does not state a legal and illegal limit for drug driving as it does for alcohol. This is primarily because the precise effects of different amounts of different drugs on people and their driving ability is not conclusively known. Basically, what will happen if police suspect that you are driving under the influence of drugs is they will request you to pull over and will observe you for outward signs of impairment caused by drug use, such as pupil dilation. You may be asked to perform a field impairment test, which involves testing your co-ordination skills, such as touching your nose or standing on one foot. Refusal to participate in the tests is an offence in itself. Whilst roadside testing devices to test for drugs in the body are being piloted, they are not yet in use. However, if field impairment tests demonstrate that you may be under the influence of drugs, you could be arrested, taken to the police station and submitted to blood or urine testing for drugs.

Drink driving penalties

You can only be prosecuted if the police can prove that you were under the influence. If you are found guilty, the penalties for driving under the influence of drugs are the same as drink driving penalties. You could have a driving fine of up to £5,000 and/or up to six months imprisonment and/or a driving ban imposed. If you cause a fatal accident whilst under the influence of drugs you could face a two-year driving ban and a maximum of 10 years imprisonment. You should also remember that possession of illegal drugs is an offence in itself, and if you are caught with drugs on you or in your vehicle you could also be charged for possession or supply.