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New laws come into force on the 2^nd March 2015 regarding drug driving. Previously the law has been somewhat loose, mainly because detection has been so hit and miss. Up until now the law has concentrated on illegal drugs such as cannabis and cocaine but the new legislation mentions specifically not only 8 illegal drugs but also 8 prescription drugs.

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Currently the police have to show that your driving is impaired through taking drugs but in future they will simply have to show that you have taken drugs if they are of the illegal variety. This will be done at the roadside with up to 3 separate saliva tests. If the tests show that the driver has taken drugs he will be taken to a police station where a blood test will be taken.

Motorists found guilty will receive a ban of at least 12 months as well as a jail term of up to 6 months and a fine of up to £5,000. Their driving licence will show that they have been convicted for drug driving and this will remain on their licence for 11 years. Whilst 8 prescription drugs have been included in this legislation drivers are warned that they should not drive if taking any prescription drugs that could affect their driving.

Drivers on medication should seek the advice of their GP or a pharmacist who can advise. In the case of prescription drugs you won’t be convicted if the levels within the body are within the prescribed dosage level unless you are instructed not to drive when taking the drugs. The eight drugs included in the legislation are: clonazepam, diazepam, flunitrazepam, lorazepam, oxazepam, temazepam, methadone and morphine.

It is recommended that if you are taking prescribed drugs that you carry a copy of your prescription. Whilst the mere taking of illegal drugs then driving is illegal so is taking a drug that you are told you shouldn’t take and drive. Be very careful, you could lose your licence.

If you run a company with employees that drive on company business make sure that you have made them aware of the changes in legislation on the 2^nd March. It is part of your duty of care. An accident caused by drugs whilst the employee is on company business could land both of you in court. By Graham Hill

Related articles

• Could you be a ‘drug-driver’? (express.co.uk)

After finally giving ‘drugalysers’ Home Office approval the police will begin roadside drug tests this year across England and Wales in order to crack down on drug driving.

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In future drivers won’t know whether they are to be given a drug test, be breathalysed or subjected to both when stopped by the police. The ‘drugalysers’ will analyse a saliva sample immediately for cannabis and cocaine. The downside is that the equipment cannot detect legal highs at the moment but future versions are expected to be able to detect a wide range of drugs, both legal and illegal.

At the moment if a police officer suspects that a driver is driving whilst under the influence of drugs they must arrest them, take them to the station in order to undergo time-consuming blood tests that must be carried out under medical supervision. Once in the police station the driver can argue that they are unable to give blood for medical reasons or religious beliefs.

All the time the drugs are leaving their system. The new equipment eliminates all this and provides an immediate reading. The kits will support the new drug offence coming into force in March but they are about to be used immediately by various police forces across the UK.

Policing Minister Mike Pennings said that most motorists have the same view about drug driving as they do about drink driving. He stated, ‘The Government is determined to drive the menace from our roads. Those who take the wheel while under the influence of drugs put their own lives at risk plus those of innocent motorists and their passengers.’ By Graham Hill

Drug driving, which is considered as dangerous as drink driving and punishable by exactly the same penalties, is being targeted by the police as an area where more accurate technology is needed. As a result a new ‘drugalyser’ has been developed and will be in all police stations from 2012. The analyser will test drivers’ saliva and make it easier for police to prosecute drivers who drive whilst high on illegal substances Read more »