Drug in Charge

Under section 5(1)(b) of the Road Traffic Act 1988, it is an offence to be in charge of a motor vehicle while the level of certain controlled drugs in your body exceeds the legal limit. This offence can apply even if you were not actually driving the vehicle.

Penalties can include penalty points, a discretionary driving disqualification, fines and, in serious cases, imprisonment. The court will consider factors such as drug levels, previous offences and the surrounding circumstances.

Our experienced motoring defence team provides comprehensive legal support, from police station representation to preparing a robust defence strategy for court. We carefully analyse the evidence and work tirelessly to achieve the best possible outcome.

Seek legal advice immediately. Do not answer detailed questions or provide statements without your solicitor present, and avoid discussing the incident with others until you have received proper legal guidance.

Yes. The law allows prosecution where a person is in charge of a vehicle while over the prescribed drug limit, even if the vehicle was not being driven at the time.

Yes. A recognised defence exists if you can show that there was no likelihood of you driving the vehicle while over the legal drug limit. This can depend on the circumstances and available evidence.

In some cases, prescription medications containing controlled substances can result in drug levels exceeding legal limits. However, a medical defence may be available if the medication was prescribed and taken correctly.

A conviction may result in penalty points or disqualification, which can impact employment, particularly where driving is required for work. It may also affect insurance premiums and future driving privileges.