Law:
This offence is most commonly charged under Section 5A of the Road Traffic Act 1988
It is an offence for a person to drive or attempt to drive a motor vehicle when on a road or other public place when the level of a specific drug exceeds the prescribed limit for that drug. This can include not only recreational drugs such as cannabis but also prescription drugs.
For prescription drugs it is a defence if it can be proven that the medication was taken in line with medical guidance and manufacturer’s guidance.
Similarly it is an offence to be “in charge” of a motor vehicle with the level of a specified drug exceeding the prescribed limit for that drug.
This is usually analysed by a blood sample taken in police custody.
A number of drugs stay in your system for over 48 hours.
Penalty:
For this offence there is a mandatory minimum 12 month disqualification from driving. Depending upon the circumstances of the particular offence fines as well as custodial sentences may be attached.
If you are convicted of a second offence within 10 years of the same nature, disqualification periods begin at 36 months.
For being in charge, there is a discretionary disqualification but mandatory 10 point endorsement.
If special reasons can be shown, you may avoid disqualification.