possible new offence of 'drug driving'
Plans to reduce the number of incidents of 'drug driving'
feature in the Government's New Year road safety strategy. The
Government seems concerned that although the police have proved
willing and able to prosecute drivers who drink and drive, they
have had a tougher job prosecuting motorists alleged to have taken
other drugs and then driven. This follows the trialling of so
called 'drugalysers' last year, which have yet to receive type
approval from the Home Office.
A panel of experts will be asked to consider the scientific case
for a new criminal offence of driving a vehicle having taken an
illegal drug.
It is an offence to drive a vehicle whilst unfit through drink
or drugs although to prove that offence the police have to carry
out a number of tests first, such as requiring the motorist to walk
in a straight line for a set distance. The motorist can then be
required to provide a specimen of blood for analysis. The police
also have to show that the motorist was unfit to drive, which
requires evidence that the motorist could not drive properly.
Impairment can also be demonstrated by there being a high
proportion of alcohol in the blood sample.
Blake Lapthorn's Motoring Offences team has represented many
individuals charged with driving whilst unfit through drink or
drugs and it is always important to consider whether the tests have
been conducted properly if at all. In addition, the police will
have to prove that the motorist was incapable of driving the
vehicle.
The expert panel will be asked to examine the evidence basis for
any new criminal offence including how it could be defined and
whether it is possible to prescribe levels for the point at which
different drugs impair a driver's reactions and performance behind
the wheel. This is likely to be a difficult task. In order to
appreciate why, the distinction between 'drink driving' and 'drug
driving' needs to be considered.
The offence of drink driving is committed where a person drives
a mechanically‑propelled vehicle having consumed in excess of
35mg/100ml alcohol in breath or 80mg/100ml in blood. This is an
easily identifiable standard because only one drug, alcohol, is
being analysed. But the point about 'drug driving' is that there
are lots of drugs out there and different drugs affect different
people in different ways. A certain quantity of drug A may be very
harmful but the same quantity of drug B may be far less harmful. A
solution may be possible but it will not be easy.
A group of MPs has previously suggested that the police ought to
be allowed to conduct roadside drug tests as substances can be out
of an individual's system by the time that they arrive at the
police station. However this is true of alcohol as well and at
present there are no plans to reform the drink driving laws with
that in mind.
Road safety is of paramount importance to us all. The stigma
associated with drink driving has in our view become far stronger
in the last 10-15 years. The panel will have a difficult task in
identifying the legal limit for specific drugs although that did
not prove problematic in the end in relation to alcohol. It is
important to recognise that the process will take time, which must
be afforded to the panel so it is able to reflect and properly
consider whether such an offence can be drafted, because ill
thought out legislation will not benefit anyone.
