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What Are The Penalties For a First Offence of Drug Driving?

At DPP Law we understand how stressful it is to be accused of drug driving, especially if this is the first time you have ever faced criminal charges, but you are not alone. Our specialist motoring defence solicitors are here to give you clear and straightforward answers about the penalties for a first offence of drug driving in the UK and what you should do if you are facing these charges.

How is Drug Driving Detected and Proved?

If an officer suspects you have taken drugs they might pull you over and conduct a preliminary test. This is usually a roadside saliva test, or a ‘drugalyser’ which screens for cannabis and cocaine. They may also ask you to participate in a Field Impairment Test which involves coordination exercises such as walking in a straight line.

Failing either of these tests leads to an arrest so police can take you to a police station and conduct and evidential blood test which is the definitive evidence for court. When taking your blood sample, the police must follow a highly regulated procedure which must be recorded on MGDD forms (Manual of Guidance for Drink And Drug Driving). Any error in this process can be challenged and it can potentially lead to the case against you being dropped.

What Penalties Could You Face for a First Drug Driving Offence?

The penalties for  a first offence of drug driving vary depending on a number of factors, such as culpability and the harm caused, but you could be facing:

• A mandatory driving disqualification of at least 12 months
• A fine, which is unlimited by law but is calculated in relation to your income and the level of seriousness of the charges
• A community order, such as unpaid work or rehabilitation programs
• A criminal record, which employers will be able to see
• In extreme circumstances, you may face a prison sentence of up to 6 months

How Long Does the Disqualification Last?

The sentencing guidelines set out a minimum of 12 month driving ban, but this exact length can be increased if the courts determine that the offence is serious enough for it:

• 12 to 16 months for a standard case with no aggravating factors
• 17 to 28 if there are aggravating factors such as evidence of poor driving
• 29 to 36 months for the most serious cases

If you have any previous motoring convictions and have been disqualified from driving in the past 10 years, the minimum driving ban increases to 3 years.

How Likely is a Prison Sentence on a First Offence of Drug Driving?

The maximum sentence for a drug driving charge is six months in prison, but this is very uncommon for a first-time offence, unless there are serious aggravating factors. Prison sentences are typically reserved for more severe cases that involve driving a commercial vehicle, being involved in a road traffic accident, or existing evidence of prolonged dangerous driving.

What are Common Aggravating vs Mitigating Factors?

When deciding on the sentence, the courts consider a number of factors that can either increase (aggravating) or reduce the penalties (mitigating).

Our solicitors can challenge aggravating factors and present strong mitigation on your behalf to reach the lowest possible penalties.

Will the Offence Appear on my Licence Forever?

A driving conviction will appear on your driving record for 11 years from the date of conviction.

This will significantly increase your car insurance premiums and must be disclosed to employers if your job involves driving. Most jobs consider the conviction ‘’spent’’ after 5 years, but it remains relevant to the courts for 10 years for the purpose of sentencing for any potential future motoring offences.

This conviction may also lead to potential travel restrictions to countries such as the USA or Canada.

Could I Face Harsher Penalties for Causing Death or Serious Harm?

In cases where a drug driving incident causes a fatality, you will be facing a more serious charge of ‘’causing death by careless driving under the influence of drugs’’. The penalties for this offence reflect its seriousness, with the minimum driving ban increasing to five years and a maximum penalty of life imprisonment.

What Steps Should I Take After Being Charged?

After being arrested it is likely that you will be released while the police wait for your blood test results, which can take around 6 to 8 weeks. This is a critical time to act.

The most important step at this stage is to seek immediate advice from our specialist drug driving solicitors. We can start building your defence right way by scrutinising the police procedures, assessing evidence, and identifying any faults that could potentially lead to the case being dismissed. If a conviction seems inevitable, our solicitors can prepare a strong case for mitigation to ensure that you receive the lowest sentence possible.

How can DPP Help?

Our dedicated motoring defence solicitors are here to help you navigate each step of the complex legal road ahead. We can help you reduce, or avoid entirely, any charges that you might be facing. With a proven track record and over 35 years of experience you can rely on us to protect your licence, your freedom and your future.

Get in touch with us today for your free, confidential, no-obligation initial consultation by calling 0333 200 7207. You can also get in contact by submitting your enquiry via our email [email protected], or by filling out our web enquiry form below.

We’re Driven to Defend you.