Medical Defences
The vast majority of people currently taking any of the legal eight prescription drugs that have been specified in the drug driving laws should be safe to carry on driving as normal. (YOU MUST SEEK GUIDANCE FROM YOUR DOCTOR ABOUT THIS AND DO NOT RELY ON THE INFORMATION CONTAINED ON OUR WEBSITE FOR GUIDANCE ON YOUR OWN SITUATION.)
A medical defences is available for those drivers who have been taking medication as directed by their doctor but found to be over the drug driving limit as follows:
“This defence applies where the specified controlled drug, which the person has taken was prescribed or supplied for medical or dental purposes; where the accused person took the drug in accordance with any directions given by the healthcare professional who prescribed or supplied it, or with any accompanying instructions given by the manufacturer (to the extent that these were consistent with the advice of the healthcare professional) and provided the accused person’s possession of the drug was not unlawful under s(1) of the Misuse of Drugs Act 1971”.
The evidential burden is placed on the person accused of committing the offence.This means the accused person must simply put forward enough evidence to “raise an issue” regarding the defence that is worth consideration by the court.
It is then for the prosecution to prove beyond reasonable doubt that the defence cannot be relied upon.
However, if the police have evidence that the patient’s driving was impaired due to drugs, whether prescribed or not, they can still prosecute pursuant to section 4 of the Road Traffic Act for driving whilst impaired through drugs, for which there is no medical defence available.
We suggest people who are currently on prescription for any of these eight restricted prescription drugs obtain and keep suitable evidence with them whilst driving, such as prescription notes.
It remains the responsibility of all drivers to consider whether they believe their driving is, or might be impaired by prescription drugs they are currently taking.
