On 15 June 2023 new sentencing guidelines for drug driving and in charge (excess drugs) were introduced that clarify a number of issues as follows:
- Higher culpability (responsibility) is a factor that courts take into account when deciding the severity of the penalty/sentence. This now includes a much clearer position on the presence of multiple drugs in the system.
- Evidence of another specified drug or of alcohol in the body (whether or not the ‘other’ specified drug or alcohol is present at a level that could give rise to separate charges).
The guidance goes on to say:
- For these purposes where the following pairs of drugs appear together they shall be treated as one drug as they may appear in the body as a result of a single drug use: Cocaine and benzoylecgonine (BZE); 6-Monoacteyl-morphine and morphine.
- Trace levels of alcohol or drugs, which may occur naturally in the body or through accidental exposure, should be disregarded for these purposes.
- Regard should be had to totality (see step 5) if sentencing for more than one offence.
The guidelines also clear up the potential for misunderstanding of a high level of drugs being indicative of higher level of harm:
Clarification on how to treat high readings for drugs
Note: It is not possible to draw a direct connection between the levels of a substance detected and the level of harm. The limits for illegal drugs are set in line with a zero tolerance approach but ruling out accidental exposure. The limits for drugs that may be medically prescribed are set in line with a road safety risk-based approach, at levels above the normal concentrations found with therapeutic use. This is different from the approach taken when setting the limit for alcohol, where the limit was set at a level where the effect of the alcohol would be expected to have impaired a person’s driving ability. The analysis of drugs in blood is more complex than that for alcohol and there is a larger margin of uncertainty in the measurements. Concentrations of specific substances in blood for the purposes of this offence are expressed in terms of ‘not less than’ which takes account of the margin of uncertainty for the particular substance.
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