The police can stop and check you if officers think you are driving while under the influence of both legal and illegal drugs.
The consequences can be severe - but motorists might not know they are on a prescribed medication that falls under the list of those you should not be driving while taking.
It’s illegal in England, Scotland and Wales to drive with legal drugs in your body if it impairs your driving, the government stipulates. It’s also an offence to drive if you have over the specified limits of certain drugs in your blood and you have not been prescribed them, and certain levels of illegal drugs in your blood even if they have not affected your driving.
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Legal drugs are defined as prescription or over-the-counter medicines. The police can stop you and make you do a ‘field impairment assessment’ if they think you’re on drugs. This is a series of tests, for example asking you to walk in a straight line. They can also use a roadside drug kit to screen for cannabis and cocaine.
If they think you’re unfit to drive because of taking drugs, you’ll be arrested and will have to take a blood or urine test at a police station. You could be charged with a crime if the test shows you’ve taken drugs.
If you drive and take prescription medicine, it may be helpful to keep evidence of this with you in case you’re stopped by the police, the government advises.
Talk to your doctor about whether you should drive if you’ve been prescribed any of the following drugs:
- amphetamine, for example dexamphetamine or selegiline - used for ADHD treatment
- clonazepam - a medicine to control seizures or fits
- diazepam - for anxiety, muscle spasms and seizures
- flunitrazepam - a type of sedative
- lorazepam - often used to treat anxiety and troubles sleeping
- methadone - can be used to treat addiction
- morphine or opiate and opioid-based drugs, for example codeine, tramadol or fentanyl - painkillers
- oxazepam - used for anxiety and depression
- temazepam - an insomnia medication
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 are not causing you to be unfit to drive even if you’re above the specified limits
If you’re taking them and not sure if you should drive, talk to your doctor, pharmacist or healthcare professional. The law does not cover Northern Ireland but you could still be arrested if you’re unfit to drive.
If you’re convicted of drug driving you may get:
- a minimum 1 year driving ban
- an unlimited fine
- up to 6 months in prison
- a criminal record
Your driving licence will also show you’ve been convicted for drug driving. This will last for 11 years. The maximum penalty for causing death by careless driving under the influence of drugs is life imprisonment.
A conviction for drug driving also means:
- 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
New laws in 2012 gave the police powers to test and arrest drivers suspected of driving after taking certain controlled drugs in excess of specified levels. It also gave a medical defence if you’re taking medicine in accordance with instructions from a healthcare professional or an accompanying leaflet, provided you’re not impaired.
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