We all feel a bit under the weather from time to time but it is quite possible that your valiant efforts to drive to work when “drugged up” on certain legal drugs or medicines could lead to you being prosecuted and convicted with a criminal record! It is also clearly an offence to be under the influence of any illegal drugs so that you are driving whilst unfit to do so.
An allegation of driving whilst unfit under the influence of drugs can be brought if the Police have reason to believe that you were driving a motor vehicle on a road or in a public place after consuming drugs. That includes drugs that are legal as well as those that are illegal!
The new drug driving law came into force on 2nd March 2015 and there is now a number of drug driving limits introduced by the new laws. However, the old law will still stand whereby it will continue to be an offence to be unfit due to drugs. The test is first of all whether the substance is a ‘drug’. In the case of Armstrong v Clark it was held that a substance used as a medicine is a drug, something to cure, alleviate or assist an ailing body. Therefore, this substance will be classed as a drug. However, the quantity will affect each person differently.
To secure a conviction, the Crown must prove:
- That a person was unfit to drive;
- Through drugs; and
- His driving was impaired