Driving Offences — Drug Driving
Drug Driving Solicitors in Chester
Charged with drug driving under s.5A RTA? Our specialist solicitors provide expert defence — from challenging blood sample procedures to prescribed medication cases and procedural defences.
Penalties for Drug Driving
Drug driving carries the same penalties as drink driving. A conviction will have serious consequences for your driving licence, employment, and criminal record.
- Minimum 1-year driving ban (3 years for a second offence within 10 years)
- Up to 6 months imprisonment
- Unlimited fine
- 3–11 penalty points on your licence
- Criminal record on your driving licence for 11 years
- Serious consequences for employment and professional licences
Prescribed Drug Limits (Blood)
| Drug | Limit | Type |
|---|---|---|
| Cannabis (THC) | 2 µg/L blood | Illegal |
| Cocaine | 10 µg/L blood | Illegal |
| MDMA (Ecstasy) | 10 µg/L blood | Illegal |
| Heroin / Morphine | 5 µg/L blood | Illegal |
| Diazepam (Valium) | 550 µg/L blood | Prescribed |
| Clonazepam | 50 µg/L blood | Prescribed |
| Methadone | 500 µg/L blood | Prescribed |
| Morphine (prescribed) | 80 µg/L blood | Prescribed |
Limits set under the Drug Driving (Specified Limits) (England and Wales) Regulations 2014.
Possible Defences to Drug Driving
Medical / Prescribed Medication Defence
If you took a drug prescribed by a doctor or dentist and followed their advice, you may have a statutory medical defence under s.5A(3) RTA 1988. We work with medical experts to build this defence.
Non-Driving Defence
If you were not driving the vehicle at the relevant time, you cannot be convicted of drug driving. We will scrutinise the prosecution evidence on this point.
Procedural Defence
Police must follow strict procedures when administering roadside drug tests and taking blood samples. Any failure to comply with the statutory procedure can undermine the prosecution case.
Sample Continuity Defence
The prosecution must prove that the blood sample analysed was yours, that it was handled correctly throughout, and that it has not degraded or been contaminated.
Sample Integrity Defence
Technical challenges to the analysis of the blood sample — including the calibration of equipment, reference materials used, and the interpretation of results — can be highly effective.
Special Reasons
Even where a full defence is not available, special reasons arguments may persuade the court not to impose a driving ban — for example, where you were unaware your drink had been spiked.
Transparent Pricing
Fixed Fees for Drug Driving Defence
We publish our fees upfront. Fixed fees for drug driving defence are confirmed in writing before you instruct us — no hidden costs, no surprises. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Drug driving (s.5A RTA) — Magistrates Court | From £1,440 |
| Prescribed medication defence — additional expert evidence | From £300 additional |
| Special reasons hearing (no ban application) | From £600 |
| Drug driving — Crown Court appeal | From £2,400 |
Frequently Asked Questions
What is the drug driving law in England and Wales?
Section 5A of the Road Traffic Act 1988 makes it an offence to drive or be in charge of a vehicle with a specified controlled drug above the prescribed limit in your blood. There are separate limits for illegal drugs (set very low) and prescribed medications (set at therapeutic levels).
Can I be charged with drug driving if I take prescribed medication?
Yes, but you have a statutory medical defence if you took the drug as prescribed by a doctor or dentist, followed their advice, and your driving was not impaired. This defence requires careful preparation and medical evidence.
How does the police test for drug driving?
Police use a roadside drug wipe (saliva test) to screen for cannabis and cocaine. If positive, you will be taken to a police station where a blood sample will be taken. The blood sample is then analysed by a forensic laboratory.
Can I challenge the blood test result?
Yes. We can challenge the continuity of the sample (proving it was yours), the integrity of the analysis, the calibration of equipment, and whether the correct procedures were followed. These challenges can be highly effective.
What happens if I refuse a roadside drug test?
Refusing to provide a specimen when required by police is itself a criminal offence under s.7 RTA 1988, carrying similar penalties to drug driving itself. You should always seek legal advice before refusing.
Do you advise drug driving clients in North Wales?
Yes. We regularly advise clients charged with drug driving across North Wales — including Wrexham, Flintshire, Deeside, Denbighshire, Conwy and Anglesey. We can advise remotely by phone or video call, or you can visit our Chester office which is easily accessible from North Wales via the A55 and A483.
What is the fixed fee for drug driving defence?
Our fixed fee for drug driving (s.5A RTA) Magistrates Court representation starts from £1,440 including VAT. This covers your initial consultation, review of prosecution evidence, advice on plea and likely outcome, preparation of your case, and representation at the Magistrates Court hearing. The exact fee is confirmed in writing before you instruct us.
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He regularly defends drug driving charges — including prescribed medication cases and blood sample challenges — across Chester, Cheshire, North Wales and throughout England and Wales.
Charged with Drug Driving?
Contact our specialist road traffic solicitors in Chester today for a free, no-obligation consultation. Fixed fees from £1,440 inc VAT.
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