Driving with a specified controlled drug above the limit

s.5ARoad Traffic Act 1988

Driving, attempting to drive or being in charge of a motor vehicle on a road or other public place with a specified controlled drug in the blood or urine above the specified limit for that drug.

Driving with a specified controlled drug above the limit · Road Traffic Act 1988, s.5ACard 71 / 85

Points to prove

Drove or attempted to drive, or was in charge of
A motor vehicle
On a road or other public place
With a specified controlled drug in their body
And the proportion of that drug in their blood or urine exceeded the specified limit for that drug

Key definitions

Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Public place – not defined in the Act. The question is whether the people using the place are members of the public or a special class allowed in for a particular reason (DPP v Vivier 1991).
Specified controlled drug and specified limit – s.5A(8): specified in regulations. For England and Wales these are the Drug Driving (Specified Limits) (England and Wales) Regulations 2014 (SI 2014/2868), reg.2, which list 17 drugs with blood limits in microgrammes per litre. Examples: delta-9-THC (cannabis) 2, cocaine 10, benzoylecgonine 50, MDMA 10, ketamine 20, diazepam 550, morphine 80. A limit may be zero (s.5A(9)).
Controlled drug – s.11(2): as in s.2 of the Misuse of Drugs Act 1971.

Defences

Medical defence – s.5A(3): the drug was prescribed or supplied for medical or dental purposes, was taken in line with the prescriber’s directions and the manufacturer’s instructions, and was lawfully possessed. It is not available if the defendant ignored advice about how long to wait before driving (s.5A(4)). Once the defence is raised by evidence, the prosecution must disprove it beyond reasonable doubt (s.5A(5)).
No likelihood of driving (in charge only) – s.5A(6): the defendant must prove there was no likelihood of them driving while still over the limit.
Taking the drug after the event – Road Traffic Offenders Act 1988, s.15(3A): the defendant must prove they took it after they stopped driving or being in charge, and that without it they would not have been over the limit.

Good to know

In force in England and Wales since 2 March 2015 (inserted by the Crime and Courts Act 2013, s.56).
RTOA 1988 Sch 2 shows “51 weeks” for both versions in England and Wales. Under s.56(5) and (6) of the Crime and Courts Act 2013, that is read as 6 months (driving) and 3 months (in charge) until the Criminal Justice Act 2003 provisions on 51-week terms come into force. They are not yet in force.
No impairment needs to be shown. If impairment can be shown, the s.4 “unfit through drink or drugs” offence may also apply.
A conviction in the previous 10 years for drink driving, drug driving or failing to provide a specimen (driving cases) raises the minimum disqualification for the driving offence to 3 years (RTOA 1988, s.34(3)).

Legislation: Road Traffic Act 1988, s.5A (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Driving or attempting to drive: 6 months' imprisonment and/or an unlimited fine; obligatory disqualification (minimum 12 months). In charge: 3 months' imprisonment and/or a fine of up to £2,500 (level 4); discretionary disqualification, otherwise 10 penalty points