Drug Driving Solicitors in London & the UK

Arrested for drug driving? Do not plead guilty until you have spoken to us.

A drug driving conviction can cost you your license, your job, and your reputation. But a positive roadside swab or blood test does not mean a conviction is guaranteed.

At JD Spicer Zeb, we are specialist drug driving solicitors serving London and the entire UK. We don’t just accept the police’s evidence; we challenge it. From analysing police procedure to commissioning independent toxicology reports on blood samples, our expert defence lawyers identify technical flaws that often lead to cases being dropped.

Don’t leave your future to chance. Call our team on 0207 624 7771 for a free initial consultation, 07836 577 556 for urgent advice at any time of day or night, email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you.

Our highly qualified drug driving offence solicitors offer:

• 24/7 legal support in person and over the phone, 365 days a year
• Representation anywhere in England and Wales
• Accredited Police Station Representatives to support you during a police interview
• Clear, effective legal advice in any language (see our languages spoken)

Whether you have been accused of a drug driving offence, have been arrested, charged, or released on bail or under investigation, get in touch with our drug driving solicitors as soon as possible.

Funding your motoring law defence

Funding police station representation

If you have been arrested or are being interviewed under caution, you are entitled to receive free legal representation. This can be from a solicitor of your choosing and is not means-tested.

Funding your legal defence if you are prosecuted

If you are charged with a drug driving offence and are prosecuted, you may be able to have some or all of your legal defence covered by something known as a ‘Representation Order’. This is also commonly referred to as ‘legal aid’.

The level of financial assistance you are likely to receive and the process you need to follow to make an application will depend on the type of court the prosecution takes place in.

Private fees

You also have the option to self-fund your legal representation. If this the route you would like to take, we can clearly explain all of our costs and our fee structures. Whether or not you receive legal funding, any contribution you make to your legal defence will be refunded if you are found not guilty.

Case Study: Drug Driving Charge Dropped

A client approached us after being charged with Drug Driving. They were facing the standard, severe penalties: a mandatory 12-month driving ban, an unlimited fine, and a criminal record that would impact their employment. The police and prosecution proceeded as if a conviction was inevitable.

While many firms might have advised a guilty plea to "minimise the damage," our specialist drug driving solicitors conducted a forensic review of the prosecution’s paperwork.

We identified a critical procedural error: The 6-Month Statutory Limit. Under Section 127 of the Magistrates' Court Act 1980, summary offences like drug driving must be laid before the court within six months of the alleged offence.

• We analysed the summons dates and confirmed the prosecution had missed this strict statutory deadline.
• We immediately advised the client that the prosecution was invalid. Because we identified this early, we advised the client on exactly what to say in court to have the case dismissed, without needing to charge them for expensive full trial representation.

The client attended Bromley Magistrates Court, presented the point of law we identified, and the case was immediately dismissed.

• Outcome: No Ban. No Fine. No Criminal Record.
• Client Cost: Minimal (The client avoided thousands in trial fees because of our honest, early advice).

Our drug driving expertise

Driving or attempting to drive under the influence of drugs

It is illegal to drive if you are considered ‘unfit’ to do so if you’re using legal or illegal drugs, or you have certain levels of illegal drugs in your blood (even if they have not affected your driving).

If it can be proven that you have drugs in your system while driving, you could face a range of penalties, including:

• A minimum 1-year driving ban
• An unlimited fine
• Up to 6 months in prison
• A criminal record

If you have been convicted for drug driving, this will also show on your driving licence for a minimum of 11 years.

Defences

It would be a defence if it can be shown that the specified controlled drug had been prescribed or supplied for medical or dental purposes. It also needs to be shown that the drug was taken in accordance with any direction given by the person to whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such direction) given by the manufacturer or distributor of the drugs.

However this defence would not be available if the use of the drug was contrary to any advice given by the person who prescribed the drug about the amount of time that should elapse between taking the drug and driving a motor or contrary to any accompanying instructions about that matter.

A more obvious defence is that you were not driving the vehicle.

Special Reasons

Similarly to the situation for offences of driving with excess alcohol, “special reasons” can be advanced for not imposing a disqualification (for example if it can be shown the drugs were administered without a person’s knowledge). Again, it would normally be necessary to produce some form of medical or expert evidence to support such a proposition.

Failing to provide a specimen

If the police suspect you of driving under the influence of drugs, they have the authority to request a specimen from you. This may come in the form of a roadside test, or you may be asked to attend the police station to provide a blood or urine sample.

Failing to provide a specimen for a suspected drug driving offence could potentially lead to immediate prosecution. However, this is not always the case, as there may legitimate reasons which explain why you were not able to provide a specimen.

It is also important to note that the police are required to follow a strict set of procedures when acquiring a specimen for a suspected drug driving offence. Failing to follow these procedures may mean that they are unable to use any evidence against you.

We can work with you to make sure that your rights are fully protected and advise you on your options for defending allegations of failing to provide a specimen.

Being in charge of a motor vehicle under the influence of drugs

You could be charged for a drug driving offence, even if you were not driving at the time you are stopped by the police. For example, if you are sat in your car, or you are holding your car keys while under the influence of drugs, you may be accused of being ‘in charge’ of your car.

Convictions for being in charge of a motor vehicle while under the influence of drugs are often less serious than other offence, but they could still carry punishments like a driving ban, a fine, or a prison sentence.

Causing injury or death by careless or dangerous driving

Causing serious injury or death by careless or dangerous driving are the most serious driving offences you can be convicted for. Under normal circumstances, you could face a punishment as severe as 14 years’ imprisonment, but this could be extended further if you were found to be under the influence of drugs at the time of the incident.

It goes without saying that expert criminal defence is absolutely essential in such situations, as this allows you to build the strongest possible defence to address these types of allegations.

What is a drug driving offence?

Under Section 4 of the Road Traffic Act 1988, it is an offence where someone drives (or attempts to drive) on a road while they are “unfit through drink or drugs”. In terms of a drug driving charge, this can refer to both legally available drugs and illegal drugs.

How long do the police have to prosecute for drug driving?

The police have up to 6 months to charge you for drug driving from the time of the initial alleged offence.

What happens if you get caught drug driving twice?

If you have a previous conviction for drug driving within the last 10 years, the penalties for a drug driving second offence will be more severe. This includes a minimum three-year driving disqualification.

What are the penalties for a drug driving conviction?

For a drug driving first offence, drug driving sentencing guidelines mean that you can expect:

• A one-year driving disqualification
• A fine, community order or prison sentence of up to 6 months

As stated above, if you are convicted a second time within 10 years of a previous conviction, the drug driving penalties are likely to be more severe, including a minimum three-year driving ban.

Why choose our drug driving solicitors?

If you have visited the police, or have attended court, for a drug driving offence, then it is essential that you seek out legal advice from specialist drug driving offence solicitors at the earliest opportunity.

You will be given the option of using a duty solicitor to defend you for a drink driving offence, but it is unlikely they will have the level of specific expertise required to effectively defend you.

In contrast, our drug driving solicitors have a deep understanding of motoring law and are experienced in defending clients on a wide range of associated matters – including for drug driving offences.

Our team will take you through the entire process with straightforward advice that allows you to understand your situation, rights, options and potential outcomes for a driving on drugs charge.

We are ready to act on your behalf immediately and are available around the clock, including on weekends and bank holidays.

We can represent you at Willesden Court if you are due to make an appearance there for a drug driving offence. This means our costs will be lower as we are a local firm to the court.

Contact our drug driving offence solicitors today

For urgent specialist advice, immediate representation or to speak to our solicitors confidentially about a drug driving offence, please call 020 7624 7771 or email solicitors@jdspicer.co.uk.

Alternatively, you can fill out our quick online enquiry form and we will get back to you quickly.

For immediate representation and advice, call our emergency number 07836 577556 and we will provide you with the urgent assistance you need.