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Police Drug Driving Procedure

The police have to follow correct procedure when investigating drug drive offences and their failure to do so could mean a charge being overturned. It is important that you are aware of the correct police procedure as it could be useful for your defence. The new laws governing the prosecution of drug drive offences involve changes to police procedure in dealing with drug drive offences. Using a specialist motoring solicitor means you can rest assured that your case is being handled with the most up to date changes and you’ll be informed of any changes.

Police drug drive procedure

The amendment’s to the Road Traffic Act 1988 have changed police procedure for drug drive offences. The preliminary tests no longer rely on the FIT test, but instead, roadside screening devices which test for the presence of controlled drugs in your system. See our drug drive limits page for the blood drug prosecution levels.

If the preliminary test is failed you will be arrested and taken to a police station where an evidential sample of urine or blood will be taken.

If these tests reveal the presence of controlled substances as defined by the Misuse of Drugs Act 1971 you will be charged with a DR90 offence; driving, or being in charge of a vehicle when under the influence of drink or drugs.

You may be provided with a sample for yourself which you can take for independent testing. If this is the case it is important that you submit this sample for independent analysis as soon as possible after the event.

It will be an offence, as with drink driving, to refuse to participate in the preliminary test, or to fail to provide an evidential specimen for analysis. For more information on these offences see our failing to provide a specimen for analysis page.


Why use a specialist motoring solicitors

The laws around drug driving and the correct police procedure that is required can be complicated to someone unfamiliar with the law and we strongly recommend you seek legal advice from one of our specialist team of solicitors at our London or Manchester offices.