Drug Driving Defence
What is Drug Driving?
Being accused of drug driving can be an overwhelming and distressing experience. The consequences of a conviction are severe and can affect your employment, driving licence, reputation, and even your long-term future. Many people facing this charge feel uncertain about their options, whether they have a defence and what steps to take next.
Drug driving offences have risen significantly in recent years. In 2024, more than 28,000 motorists in England and Wales were convicted of driving while over the drug-driving limit or unfit to drive through drugs. This highlights how seriously the police treat these cases and why obtaining specialist legal advice at the earliest opportunity is essential.
As expert motoring offence solicitors, we regularly defend clients charged with drug driving and understand the complexities involved. Whether you have tested positive at the roadside, provided a sample at the police station, or believe the reading does not reflect your circumstances, we can guide you through the legal process with clarity and confidence.
Why Have You Been Charged?
A motorist can be charged with drug driving if they:
- Are found to be driving or in charge of a vehicle, and
- Have a concentration of a specified drug in their blood above the legal limit, or
- Are deemed unfit to drive, specifically due to drugs (illegal or prescribed).
There are two categories of drug driving offences:
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1. Driving Over the Specified Legal Limit
This type of drug driving is strict liability, meaning intent or impairment does not need to be proven. A laboratory-confirmed reading above the limit is usually enough for a charge.
- Cannabis (THC)
- Cocaine & Benzoylecgonine
- Ketamine
- MDMA
- Heroin
- Prescription drugs such as Temazepam, Morphine, Methadone or Diazepam (when above the medical limits)
This applies where the police take a blood sample and the laboratory confirms that the level of a specified drug exceeds the legal limit. Each drug has its own defined threshold, including:
2. Driving While Unfit Through Drugs
Here, the prosecution must show that drugs—prescribed or illegal—impaired your ability to drive. This may involve field impairment tests, officer observations, and toxicology results.
What are the Defences for Drug Driving?
A number of defences may be available depending on your individual circumstances. Drug driving law is highly technical, and the correct defence can only be identified after assessing the evidence, procedure, and medical factors. Some of the most common defences include:
Medication Defence
In order to successfully run a defense of this nature, you will need to obtain an independent expert report, evidencing that the alcohol you consumed after driving caused you to exceed the legal limit. The expert will take into account the precise amount of alcohol you consumed prior and after driving, as well as the food and drink you consumed on the day in question, as this can impact on your reading. Once completed, this report (if favorable), alongside verbal submissions from the expert can be used at Court to substantiate your defence.
Post-Administration Consumption
Laboratory or Testing Errors
No Evidence of Driving or Being in Charge
Procedural Errors
Unreliable Field Impairment Tests
Failure to Provide Statutory Warnings
Often, because drug driving cases rely on precise scientific and procedural evidence, identifying the right defence often makes a significant difference to the outcome. We strongly recommend speaking to our team for tailored advice based on your circumstances.
Contact our Drug Driving Solicitors
If you have been charged with drug driving and need clear guidance on your options, potential defences, or next steps, our motoring law specialists are here to help. We provide straightforward, practical advice aimed at protecting your driving licence, reducing penalties, and achieving the best possible outcome.
Our team has extensive experience in challenging toxicology results, scrutinising police procedure and presenting strong legal arguments in court.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
