One question we’re frequently asked is, if illegal drugs are illegal, how can there be a “legal” limit for drug-driving?
The debate was reignited at the start of February when stonemason Gary Watt was caught with a massive eight times the legal amount of cocaine metabolite in his system while driving in Perth (see below).
Due to the rise in recreational drug use, drug-driving is becoming a more common crime seen in the sheriff courts, as can be seen by the list of recent cases below.
But surely the limit for an illicit substance should be zero?
Here, we answer why it’s not quite as clear as that.
Tough on alcohol but not drugs?
In December 2014 Scotland reduced its drink-drive limit, making it the strictest in the UK and five years later introduced drug-driving limits.
Motorists may have just 22 mics of alcohol in 100 ml of breath – down from 35.
The blood alcohol limit reduced from 80mg to 50mg in 100ml.
Fewer than two pints would put the average UK male over the drink-drive limit.
Scotland is also leading the way on attitudes to drug possession, with a shake-up of drugs laws meaning those caught with class A substances could receive a police warning, rather than prosecution.
However, despite a hardline attitude to drink-driving, a motorist can – in theory – consume illicit substances and not fall foul of the law.
What happens if police stop me on suspicion of drug driving?
If officers have reason to believe you are under the influence of drugs, they can ask to test your saliva on a “drug wipe” device.
If this proves positive, you can be arrested and taken into police custody.
At the station, you will be required to give a sample of either blood or urine.
Blood is taken by a qualified nurse or doctor and then sent to a laboratory for testing.
If it proves positive, criminal proceedings would be instigated by the Crown Office and Procurator Fiscal service.
I take medication – am I risking a drug-driving charge?
The law recognises natural chemicals and compounds are produced by the body and these may show up on tests.
Prescribed medication can also be detected this way.
The law specifically allows to people to take medication prescribed by a doctor or dentist.
However, all directions relating to the taking of the drug must be followed.
But what if the drugs affect my driving?
The “medical defence” does not mean anyone who takes drugs – legal or otherwise – has the green light to drive.
If police believe a driver’s abilities are impaired by drugs, they can charge them under Section 4 of the Road Traffic Act.
Why is there a legal limit for drug-driving?
Drug-driving limits came into force in 2019 and cover 17 specific substances in distinct groupings.
Eight of the drugs are commonly abused or illegal drugs, with a very low limit set by the government.
This grouping includes drugs which may be taken as prescribed medication by a very limited number of drivers – who would have a legal “medical defence” as long as they are taking it properly.
Other commonly prescribed drugs are given a legal limit that is higher than the first group.
This is usually set above the normal “therapeutic” range for that drug.
These drugs may sometimes be abused but a medical defence is also possible in cases where a driver tests above the limit.
What are the drug-driving limits for illegal substances?
The advice would always be to stay out of the driver’s seat if you’ve ingested illegal drugs – or a high level of legal medication – in the hours previously.
But some won’t listen so here’s the official limits.
Source: The Drug Driving (Specified Limits) (Scotland) Regulations 2019
What are the drug-driving limits for common prescription medications?
Source: The Drug Driving (Specified Limits) (Scotland) Regulations 2019
What happens if you’re convicted of drug driving
The Scottish courts can ban drivers caught under the influence of drugs for a minimum of a year or can impose between three and 11 penalty points.
Those convicted can also face fines of up to £5,000 or be sent to prison for up to six months.
However the prison sentence faced could be up to 14 years if a driver causes death by dangerous driving while unfit through drugs.
Drug-driving convictions remain on your licence for 11 years.
Some recent cases from Tayside and Fife
As can be seen here, the incidence of cases is rising in recent years with a number of Tayside and Fife drivers caught with substances in their systems.
Stomemason Garry Watt, 47, from Perth was found to be eight times the legal limit for cocaine metabolite benzoylecgonine, when police pulled him over for having a loose number plate on his truck.
He had taken a gramme of the drug 36 hours before.
Scott Dyer, 21, from Dundee was found to have 110 micrograms of the same metabolite in his system when he fell asleep while driving on Dundee’s Marketgait, close to the city’s police headquarters.
In April, Philip Baillie, 25, was fined and banned at Dunfermline Sheriff Court after being found to have three times the legal limit of benzoylecgonine in his system.
And Sean Nairn, 44, from Kinross was found to be five limes the legal limit when he was stopped at 1.30 am by police who spotted his his van swerving across the M90 motorway, near Perth.