Drink Driving Penalty - fine of up to £5,000 or six months in jail

Drink Driving Penalty - The penalties for drug driving

What is the law on drug driving? Under the Railways and Transport Safety Act 2003 driving under the influence of controlled drugs is an offence, and is treated by the law with the same severity as driving under the influence of alcohol; the penalties are the same as drink driving penalty.

The penalties for drug driving are the same as drink driving penalties: a ban and a fine of up to £5,000 or six months in jail can be imposed. If the driver has caused a fatal accident, they will face a two year ban and up to ten years imprisonment. Drug driving and drink driving penalties can be harsh: if you have been charged you should consult a specialist criminal law solicitor.

Controlled drugs are illegal or prescription drugs that can affect a person’s ability to drive. Controlled drugs are categorised into classes by the Misuse of Drugs Act 1971. Class A drugs are considered to cause the most harm and include the drugs cocaine, LSD, and heroine. Class B drugs include cannabis and amphetamines. Class C contains the drugs ketamine and tranquilisers such as temazepam. Controlled drugs also include prescription drugs if taken without a prescription, or if a person is warned not to drive while under their influence.

The Railways and Transport Safety Act 2003 grants police officers the power to undertake roadside drug tests on drivers. There isn’t a breathalyser equivalent for detecting drugs in a person on the roadside so police officers rely on the Field Impairment Test (FIT). This test allows the police officers to observe a driver’s behaviour and allows them to make a judgement on whether or not the driver is under the influence of drugs.

The five stages of the FIT include checking the driver’s pupils. If they are under the influence of drugs their pupils will be unusually dilated and look either like ‘saucers’ or ‘pin pricks’. The driver is then asked to count 30 seconds. Drivers under the influence of drugs will either count too fast or too slow, or will lose count altogether. Police officers will ask the driver to walk in a straight line for nine steps and then walk back. A driver’s balance is then tested by raising a foot between six and eight inches and maintaining the pose. Finally, they will be asked to touch their nose with their finger with their eyes closed. If the police officers believe the driver is under the influence of controlled drugs, they will arrest the driver. A biological test will be carried out at the police station to detect the presence of drugs in the blood stream.