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2nd March 2015. New offence of driving under influence of Drugs

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21C101

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At the moment you can only be prosecuted for driving after taking drugs if it can be demonstrated that they impaired your driving.

From 2nd March 2015 the law changes. Driving with drugs in your body over a limit will be illegal whether you are impaired or not. The new law covers both drugs of abuse and prescription drugs and appears to bring road driving into line with rail driving, and appears also to herald random drugs tests for drivers. I can see there being quite a fuss.

https://www.gov.uk/government/news/public-approval-for-driving-limits-for-16-drugs said:
Illicit drugs
benzoylecgonine, 50 µg/L
cocaine, 10 µg/L
delta–9–tetrahydrocannabinol (cannabis and cannabinol), 2 µg/L
ketamine, 20 µg/L
lysergic acid diethylamide (LSD), 1 µg/L
methylamphetamine, 10 µg/L
methylenedioxymethaphetamine (MDMA – ecstasy), 10 µg/L
6-monoacetylmorphine (6-MAM – heroin and diamorphine), 5 µg/L

Generally prescription drugs

clonazepam, 50 µg/L
diazepam, 550 µg/L
flunitrazepam, 300 µg/L
lorazepam, 100 µg/L
methadone, 500 µg/L
morphine, 80 µg/L
oxazepam, 300 µg/L
temazepam, 1000 µg/L

In the consultation for amphetamine, the government has decided that the proposed limits need to be reconsidered so that patients who take medicine for attention deficit hyperactivity disorder are not affected. The government will therefore look to re-consult on the new threshold later this year, with an agreed limit added in to the legislation at a later date.

https://www.gov.uk/government/news/drug-driving-advice-issued-to-healthcare-professionals said:
Police can already arrest and charge drivers if they are driving whilst impaired by drugs, including medicinal drugs. The new rules will mean it will be an offence to be over the specified limits for each drug whilst driving, as it is with drink driving. The limits for the vast majority of medicinal drugs are above the normal doses. Unlike the existing ‘impairment’ offence, the new law provides a medical defence for patients who are taking their medicine in accordance with instructions – either from a healthcare professional or printed in the accompanying leaflet – provided they are not impaired.

The guidance also advises patients who take legitimately supplied medicines to keep evidence with them in case they are stopped by police.

The new regulations will come in to force at the same time as new equipment to test drivers for cannabis and cocaine at the roadside is expected to become available to the police. If a driver tests positive they will be taken to a police station where a further evidential test will be taken. If this is positive it will allow police to arrest and charge a driver for being over the limit.
 
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455driver

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That all seems quite reasonable (for a change) and on the subject of impairment, many moons ago I could drink 10 or 12 pints and feel fine, due to the fact I am now only an occasional drinker, after 2 pints I can feel it having an effect and although I would be under the drink/drive limit I wouldn't dream of driving as I would be slightly impaired.
 

21C101

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The question to consider, as in the case with alcohol consumption, is if these drugs make the driver susceptible to reduced reaction times should an incident occur that will call for immediate reaction.

There is apparently a defence for "legal" over the counter and prescription drugs that you are taking them in accordance with instructions, provided you are not impaired in your driving

However if you have an accident you will I suspect henceforth be immediately tested, and if over the limit, have a very difficult job proving that (a) you didn't exceed the stated dose and (b) that your driving skills were not impaired.

Effectively this law reverses the burden of proof on drivers taking prescription/over the counter medicine.

For illegal drugs the limit is as near to zero as they can get it without false positives, not set at a level that causes driving impairment, meaning that is is an extension of drugs prohibiltion laws not specifically a road safety law. Eat poppy seed rolls at your peril!
 
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