Is drug driving against the law?
It is an offence to drive whilst unfit through drugs. Many people think that if they drive under the influence of drugs a vehicle search and a potential charge of possession is all they have to be worried about.
The law states that is illegal to operate a motor vehicle whilst unfit through drugs.
Road Traffic Act 1988 (c. 52)
Part I Principal Road Safety Provisions
Motor vehicles: drink and drugs
4. Driving, or being in charge, when under influence of drink or drugs.— (1) A person who, when driving or attempting to drive a [F1 mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a [F1 mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3) For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1 mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5) For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F1 Words in s. 4(1)(2)(3) substituted (1.7.2023) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 4; S.I. 1992/1286, art. 2, Sch.
F2 S. 4(6)-(8) repealed (1.1.2024) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178, Sch. 7 para. 27(2)(4), Sch. 17 Pt. 2 ; S.I. 2005/3495, art. 2(1)(m)(u) (subject to art. 2(2))
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