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Driving Offences

Driving under the influence of drugs

The consequences and the penalties

We are all only too aware of the dangers of drinking and driving. Over the years, media campaigns have become more and more explicit in their attempts to drive the message home that drinking and driving is a major cause of death on the UK’s roads.

At certain times of the year, for example, Christmas, police are out in force (more than usual) with breathalysers ready and waiting to catch drivers who have got behind the wheel after drinking more than the legal limit of alcohol. There are not many people that do not understand that drinking and driving can – and does – take lives. Therefore – quite rightly – the offence carries a heavy penalty : usually a driving ban, a fine of up to £5,000 and often and prison sentence.

However, a much less publicised danger – but a real danger nonetheless – is driving whilst under the influence of drugs. This can refer to either illegal drugs or prescribed medication as both can have a profound effect on your ability to concentrate, make quick decisions and can affect your reactions and co-ordination. The Road Traffic Act 1988 states that a person who is unfit to drive through either drink or drugs is guilty of an offence.

As with alcohol, police are within their rights to stop you when driving and carry out roadside tests to establish whether you are fit to drive.

Although much more research has been carried out into the effects of drink driving, compared to driving whilst under the influence of drugs, it is quickly beginning to be recognised that the consequences can often be equally as dangerous. Whilst some drugs may not effect a person’s driving ability at all – indeed drugs for conditions such as epilepsy and diabetes will, in the correct measure, be vital to ensure that the person with the condition is safe to drive – other, seemingly harmless drugs may have an effect which could lead to far-reaching consequences. For example, even some medications for colds and flu can render the driver drowsy and unfit to drive. It is vital that if you are taking these kinds of drugs you should check the advice regarding driving and drowsiness before you get behind the wheel.

It is likely that in the coming months and years we will see the media campaigns and general warnings regarding ‘drink driving’ being adapted to cover the risk of driving under the influence of drugs in an attempt to educate the public of the associated risks and consequences.

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Gray Hooper Holt LLP is a firm of solicitors and is Authorised and regulated by the Solicitors Regulation Authority. Its registered office is at 6 Linkfield Corner, Redhill, Surrey, RH1 1BB and its company number is OC318445.