The new drug driving offences have been created to remove the complex police procedures and evidential problems involved in proving that a driver was driving whilst impaired through drugs and that impairment was caused by drug use (whether the drug is a legally prescribed one or an illegal substance). Despite the introduction of the new offences, the old offence will remain available for the police to use and will most likely continue to be pursued in the case of legally prescribed drugs where there is a possible medical defence available to the new offence. Almost like a safety net should the medical defence succeed, the prosecution could charge with the older offence which should still succeed despite a medical defence as long as they can prove impairment.
Impairment needs to be established by there being a number of impairment tests conducted at the police station or at the roadside. We considered these in detail in this Confused.com blog and noted how difficult it can be to pass the impairment tests even when stone cold sober!
There are many aspects to a drug driving case that are open to challenge regardless of which offence you have been charged with. We are expert motoring lawyers who specialise in defending drug driving offences up and down England and Wales. Whether you are looking for drug driving Southampton solicitors, drug driving Fareham lawyers or have been caught drug driving in Brighton. Then call the most experienced drug driving solicitors in the UK.





