22.11.2016

We all know it’s illegal to drink and drive, or drive under the influence of illegal drugs – but did you know that the police can now charge you with drug-driving if you are considered unfit after taking certain prescription medicines?

A new law introduced in March 2015, combined with the use of new roadside drug screening devices, is said to be responsible for drug-driving convictions more than doubling within 12 months.

And it seems many drivers are still unaware of the law change and how this may affect them.

So, how can you be sure you’re driving legally and safely – and are not at risk of prosecution?

First, check if you are taking any of the listed prescription drugs covered by the new law.  They include:

• Clonazepam – prescribed to treat seizures or panic disorders
• Diazepam – used for anxiety disorders, alcohol withdrawal symptoms or muscle spasms
• Flunitrazepam (also known as Rohypnol) – a sedative originally used in hospitals for deep sedation in the 1970s
• Lorazepam – used to treat convulsions or seizures caused by epilepsy
• Oxazepam – used to relieve anxiety, including anxiety caused by alcohol withdrawal
• Temazepam – affects chemicals in the brain that may become unbalanced and cause insomnia problems
• Methadone – used in the treatment of heroin addiction and for pain relief
• Morphine or opiates – used to treat moderate to severe pain

The Gov.UK website states the following regarding the use of prescription drugs whilst driving:

• It’s illegal in England and Wales to drive with legal drugs in your body if it impairs your driving.
• It’s an offence to drive if you have over the specified limits of certain drugs in your blood and you haven’t been prescribed them.

You can drive after taking these drugs if:

• you’ve been prescribed them and followed advice on how to take them by a healthcare professional
• they aren’t causing you to be unfit to drive even if you’re above the specified limits

Our advice

• Always read the safety leaflet enclosed with your prescribed medication.  If there is any mention of the above ingredients, or if it states ‘may cause drowsiness’ or ‘do not drive or operate machinery’ or similar – it’s best to check with your GP whether they will impair your driving ability.
• Consider carrying a copy of your prescription with you to show the dosage you have been prescribed.
• If your doctor states you are fit to drive on the prescribed dosage, ask for a signed, written note confirming this that you can carry with you when behind the wheel.
• DO NOT stop taking your medication! Book an appointment with your doctor to discuss the implications of driving whilst taking your prescribed dosage.

The penalties

The penalties if convicted of driving under the influence of drugs can be severe, with an automatic driving ban of at least a year, so it’s really important you check you are driving lawfully.

A drug-driving conviction carries a minimum driving ban of a year and an unlimited fine, and you can be sentenced to up to 6 months in prison.

You will have a criminal record because of it and your driving licence will show you’ve been convicted for drug driving for 11 years.

The penalty for causing death by dangerous driving under the influence of drugs is a prison sentence of up to 14 years.

Sentencing

The sentence delivered will depend on a number of factors that the Court will consider as contributing to the severity of the offence.  Depending on the circumstances of each individual case, the Court can impose a much higher fine, a longer disqualification or even a prison sentence.  Factors include:

• Evidence of another specified drug or of alcohol in the body
• Evidence of an unacceptable standard of driving
• Driving (or in charge of) an LGV, HGV or PSV
• Driving (or in charge of ) a vehicle driven for hire or reward
• Previous convictions having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
• Location e.g. near a school
• Carrying passengers
• High level of traffic or pedestrians in the vicinity
• Poor road or weather conditions

There are also mitigating factors the Court may take into consideration in support of your defence that can limit the penalties imposed to the minimum.  These might include:

• No previous convictions or no relevant/recent convictions
• Remorse
• Good character and/or exemplary conduct
• Age and/or lack of maturity where it affects the responsibility of the offender
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives
• Very short distance driven
• Genuine emergency established

Other things to remember

There are other considerations to take into account before risking a conviction for drug driving:

• your car insurance costs will increase significantly
• if you drive for work, your employer will see your conviction on your licence
• you may have trouble travelling to countries like the USA

The Road Safety Minister comments:

Robert Goodwill MP, Road Safety Minister, says as long as they stay within prescribed levels, most people will still be able to get behind the wheel of a car.

“If you are taking your medicine as directed and your driving is not impaired, then you are not breaking the law and there is no need to worry,” he said.

“We advise anyone who is unsure about the effects of their medication or how the new legislation may affect them, to seek the advice of their doctor or pharmacist.

“There will also be a medical defence if a driver has been taking medication as directed and is found to be over the limit but not impaired.

“Drivers who are taking prescribed medication at high doses [are advised] to carry evidence with them, such as prescriptions slips, when driving in order to minimise any inconvenience should they be asked to take a test by the police.”

We suggest, it’s better to be safe than sorry! If you are concerned about any of your current prescribed medication and whether it could impair your driving – check with your GP.