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Drug Driving (Driving Whilst Unfit) – Geoffrey Miller Solicitors are specialist Drug Driving Solicitors. Call our team of expert drug driving solicitors for some free initial advice.

From 1st January 2015 until 31st December 2017

WON 93% of our Drug Driving cases!

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drug driving solicitors
drink driving penalty 2017

Drug Driving Penalty

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

Drug Driving at the Roadside

The official figures for the number of drug driving offences in the UK are relatively low because there are no easy ways to test for drug impairment which must be proved in addition to the presence of drugs.

At the roadside the Police must administer a Field Impairment Test where they test for impairment by observing you whilst you carry out a serious of five tests:

  • The Pupil Measure Test: testing the size of your pupils
  • The Romberg test: testing balance and judgement
  • The Walk and Turn test
  • The One Leg Stand test, and
  • The Finger to Nose test

These difficulties are set to be reduced with the introduction of a drugalyser device at the roadside, testing the motorist’s saliva for the presence of drugs. Drugalysers are now used since the new laws came into force on the 2nd March 2015.

Drug Driving Test at the Police Station

If you fail the roadside test, you will be asked to consent to giving a biological sample usually a blood sample, although could be urine, at the police station and for this to be tested for the presence of drugs. The Police should also offer a sample of blood for you to take away from the station. We recommend that you should arrange to have your sample tested as soon as possible.

Why should I consent to providing a blood sample?

If you do not consent to providing a blood sample you can be charged with another offence of failing to provide a specimen. Unless you have a reasonable excuse for failing to provide the sample such as a fear of needles, you could face conviction of this alternative offence.

Legal or Illegal Drugs?

This charge can be brought against anyone who has taken legal or illegal drugs and those drugs impaired their ability to control their vehicle. Over the counter or prescription drugs can often have side effects such as dizziness, drowsiness and impaired judgement which can affect your ability to drive a vehicle. We would assess exactly what you had consumed and how the side effects, if any, would have affected your driving ability.

S.11 of the Road Traffic  Act 1988 states that a drug includes any intoxicant other than alcohol. This is likely to mean any substance that affects the self control of the body.

In a leading case on this issue, Leetham v DPP, the Divisional Court upheld a conviction for driving whilst unfit under the influence of drugs. Their decision was based upon the defendant’s fast and erratic driving, his admitted consumption of cannabis, the presence of cannabis in his blood on subsequent analysis, the known effects of the drug and the evidence of the officers who stopped him that his eyes were red and glazed and that his speech was slow and slurred.

However, merely a trace of a drug will not amount to driving whilst unfit through drugs. A principle established in a very old case authority R v Hawkes (1931) 22 Cr App Rep 172 is that the police must also prove that the driver’s driving ability was impaired.

This is why the new legislation has been introduced. Under the new laws, the need to prove impairment will no longer be required. There are a number of drug driving limits for legal prescription drugs and a zero tolerance approach to illegal drugs. We have dedicated a separate drug driving offence website to the new and existing drug driving laws. Please feel free to browse the new site.

Fighting the drug driving allegation

The allegation of drug driving is an extremely serious one and could lead to a custodial sentence. Our specialist team of lawyers will review the strength of the prosecution’s case against you and advise you on the merits of your case. There are numerous strategies we can successfully apply to drug driving allegations and we would always recommend you speak to us before making any decisions about what to do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

†Figures include successful appeals and exclude cases lost that are the subject of appeal as at 31 December 2017.

Not Sure What to Do About Your Drug Driving Offence?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.


“I was charged with driving whilst unfit through (prescription) drugs following a minor collision with another vehicle in a supermarket car park. I was found not guilty at trial. I was very happy with the firm’s expertise. The barrister at trial, was excellent and I would not hesitate to recommend your services to anyone… Read More

D. Gallington Drug Driving Testimonial
Drug Driving / Not Guilty

“Having been charged with driving under the influence of Drugs. I engaged the services of Geoffrey Miller Solicitors and as a result have since been acquitted. I would not hesitate to recommend Geoffrey Miller Solicitors to anyone who finds themselves in any similar circumstance and consider the costs encountered the best value for money I have ever received… Read More

Anonymous 12 Drug Driving Testimonial
Drug Driving / Acquitted

“I’m absolutely delighted that I chose Geoffrey Miller to represent me, they are undoubtedly the best at what they do. At one point I thought the case in court was going to go terribly wrong but my barrister used his experience and expertise to deal with a Judge who didn’t like the way you guys work!!! But hey, we won the case… Read More

Mr M Fairbrother Drug Driving Testimonial
Drug Driving / Case Dropped

“I was arrested for drug driving and my blood sample came back as 3.5 times over the legal limit. At trial it only took 40 minutes for my lawyer they provided to get the judges to drop the case and get me acquitted. Overall the team provided an excellent service and i would recommend to anyone in a similar situation to me… Read More

Mr J Smith Drug Driving Testimonial
Drug Driving / Acquitted

“I was arrested for a drug driving offence, a blood sample was taken which read a high level of cannabis, after speaking with a representative of Geoffrey Miller decided to give them instructions to act on my behalf, everything was dealt with quickly and efficiently with acquittal being the final result… Read More

Mr Williams Drug Driving Testimonial
Drug Driving / Case Thrown Out

“Within one hour my call was returned by Jeanette Miller, the MD. Very impressive as it was the 27th Dec! She was able to calm and reassure me that it was quite possible to beat the charges laid against me. My two excellent barristers assigned to me were fantastic. I am very pleased to be able to say my case was dismissed and I was acquitted… Read More

Mr Anon Drug Driving Testimonial
Drug Driving / Acquitted

“I am writing to express my intense and sincere gratitude for everything. Firstly, I thank you for allowing me to pay your fees, in installments. Secondly, many thanks for Victoria Brennan and my barristers. A team that worked seamlessly and tirelessly together, to achieve a phenomenal result in my favour. Top marks to them… Read More

Mr AO Drug Driving Testimonial
Drug Driving / Acquitted

“Geoffrey Miller Solicitors were excellent from start to finish. Inspiring hope from the first contact, advising all the way and I knew they would defend my drug driving case robustly. They delivered on their promise and exceeded all expectations. I would not be where I am today without their help. Thank you and thank you again… Read More

Anonymous 19 Drug Driving Testimonial
Drug Driving / Case Thrown Out

“This company could not of handled it better, I am absolutely blown away with the outcome, they use the best people you could ask. I would especially like to thank Vicky for helping me through each stage so professionally, and again the outcome. Very happy – would definitely recommend to anyone in the same or similar position… Read More

Anonymous 20 Drug Driving Testimonial
Drug Driving / Acquitted

“I am grateful to Geoffrey Miller Solicitors for my favourable outcome after my case was thrown out of court. The impact of such a charge and conviction would have had far reaching and unfair effects for not only myself but my family and I could not be happier with the service and attention to detail provided. Many thanks… Read More

Mr J Drug Driving Testimonial
Drug Driving / Case Discontinued

“My drug driving case despite appearing complex was handled with professionalism and expertise by all associated with Geoffrey Miller Solicitors. The case ran very smoothly and efficiently and it’s apparent that you and your case are at the forefront of everything that they are trying to achieve… Read More

Mr. H Drug Driving Testimonial
Drug Driving / Acquitted

“Thank you very much to the incredible team of Geoffrey Millers Solicitors. Hiring this team was absolutely worth it. Thank you so much for saving me unnecessary embarrassment with this case and for saving me the ridiculousness of this trial. It was 1000x better knowing I had you on my side. I am truly appreciative… Read More

Carmella Kelly Drug Driving Testimonial
Drug Driving / Case Dropped

“We chose Geoffrey Miller Solicitors after being recommended and doing some research. After making contact for the first time by phone, I found all of your staff very professional, sympathetic and very knowledgeable about the offence and really put my mind at rest. I would definitely recommend Geoffrey Miller Solicitors… Read More

Mr Wells Drug Driving Testimonial
Drug Driving / Case Dropped

“I got charged for Drug Driving in May 2016 and rang every solicitor I could possibly find who specialised in this area of law. Some were good and others were ok but after speaking to Geoffrey Millers Solicitors I knew I had found a firm that was perfect for me. The main reason I chose them was due to their record of success… Read More

Mr A Drug Driving Testimonial
Drug Driving / Acquitted


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