Drug Driving Offences Charge Solicitors (DG40 Convictions)

A new offence of driving or being in charge of a motor vehicle with a concentration of a specified controlled drug above a specified level was introduced on the 2 March 2015.  This new offence does not require the prosecution to prove that the driver’s ability to drive is impaired because he is under the influence of a prescribed drug.  It merely has to be shown that the concentration is in excess of a specific level.

The police are only testing for three drugs at this stage: 

  • Cannabinoids
  • Benzodiazepines
  • Cocaine

The police will carry out a roadside test and if the result is positive the driver will be arrested and required to provide a specimen of blood.  If the driver refuses without good reason, he could be charged with failure to provide a specimen of blood.

Sample testing

Two samples of blood will be taken.  The second sample will be handed to the driver so that he can have it tested himself, although at this stage there are very few accredited laboratories and none of them in the early stages were accepting defence work.

Even if a driver is under the prescribed limit, he may still be at risk of being prosecuted under Section 4 of the Road Traffic Act 1988, which provides for an offence of driving whilst unfit. 

Drug Driving cases sentencing guidelines

If you are convicted of driving whilst under the influence of drugs you will face:

  • A minimum disqualification of 1 year 
  • A maximum £5000 fine
  • Up to 6 months in prison
  • A criminal record
  • Problems travelling to some countries such as the USA

Your driving licence will show that you’ve been convicted for driving whilst under the influence of drugs. This will remain on your licence for 11 years. If you are found guilty of causing death whilst driving under the influence of drugs the penalty is a prison sentence of up to 14 years.

There is no provision for an offender to undertake a course in order to receive a reduced disqualification as there is for a drink driver.

Defending a Drug Driving charge

Driving with excess drugs in the blood is a fairly new offence which was only introduced in March 2015. Quite often the procedures used for taking and analysing blood samples are not followed correctly, and many people using medication legitimately will find themselves being charged.

It is a defence to a drug driving charge a person must be able to prove that the drug in their system had been prescribed or supplied to them for medical or dental purposes. In addition to this they will also need to prove that they took the drug in accordance with the instructions they were given by the person who prescribed or supplied the drug to them.

It is important to get specialist legal advice as soon as possible to give yourself the best chance of success in a dangerous driving case.  Whether you are contacting us before or after a police interview, we are here to provide expert advice, assistance and representation. 

Contact us today

If you are facing a drug driving conviction it could lead to a custodial sentence which means you will need a specialist solicitor on your side to review the case, defend you and ensure you get the right outcome.

By working with our team, we can offer you the benefits of: 

  • over 40 years’ experience
  • specialisation in this field of work
  • an award winning practice
  • nationwide coverage
  • expert advocates
  • access to forensic experts


We will help you understand: 

  • What defence maybe available to you including, any potential legal issues that might crop up
  • The minimum sentence that can be passed if you plead guilty

For specialist legal advice about your drug driving case, get in touch with Brian Koffman & Co. today.  Call 0161 832 3852 or submit an enquiry.