Prior to the introduction of the simplified drug driving laws in 2015, drug driving arrests and convictions were notoriously more challenging for the police and prosecution. The figures for drug driving cases have grown exponentially since then due to the missing requirement to prove any level of impairment on the part of the suspect. Many people we speak with are still unaware of the laws surrounding drug driving and believe that how they felt and how they drove is a factor in the case but it is not. There are 2 stages the police must focus on:
The Roadside Drug Test (Drugalyser)
S.6 Road Traffic Act 1988 states that a preliminary test may be administered if a constable reasonably suspects that the person:
- is driving, attempting to drive or is in charge of a motor vehicle on a road or other public place, and has a drug in his body or is under the influence of a drug;
- has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having a drug in his body and still has a drug in his body or is still under the influence of a drug; or
- is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and has committed a traffic offence while the vehicle was in motion.
A police officer can also require a person to carry out a preliminary drug test if an accident has occurred and the officer reasonably believes that the person was driving or was in charge of the vehicle.
A police officer can determine whether a suspect has drugs in their system by requiring them to provide a sample of saliva to test.
A mouth swab is used to test the saliva and detect the presence of cannabis or cocaine, and if either of those drugs are detected, a positive a blue line will appear after eight minutes.
- The Draeger, is designed to detect delta-9-tetrahydrocannabinol which will detect THC and Cocaine and;
- The Securetec DrugWipe, is designed to detect both THC and Cocaine.
If a suspect fails either of these tests, they will be arrested and taken to the police station where an evidential sample of blood will be taken, this is the evidential specimen that will be used if a criminal prosecution is to be brought against a defendant.
If the drug swab is negative but the police officer suspects that a person has other drugs in their system, then they could still be arrested and required to attend at the police station to provide an evidential sample.
The Evidential Blood Test
As well as cannabis and cocaine, the evidential test is also used to detect other illegal drugs such as MDMA, Ecstasy, Ketamin (limits are set low) and also legal drugs such as Diazipam, Lorazepam and Morphine (limits are set high), the roadside drug swipe does not test for these drugs.
The search
Under s.1(2) of the Police and Criminal Evidence Act 1984 (PACE), a police officer has the power to stop and search a person or vehicle if they have reasonable grounds to suspect a person is carrying a prohibited item (illegal drugs) or a controlled drug (s23 of the Misuse of Drugs Act 1971).
If a constable has reasonable grounds to suspect that a person is in possession of a drug then a search may be carried out whilst that person is detained, and a vehicle may also be searched if there is a suspicion that a drug will be found.
Following on from this, an officer may also seize and detain any item found in the vehicle which is prohibited under the Misuse of Drugs Act 1971.
It is very common for our clients to face charges of drug driving and possession of a controlled drug following such searches.
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