Defending Drug Driving Allegations

Drug Driving Defences 

Many clients think that if they are charged with drug driving then they have to plead guilty. However, while a drug driving charge can feel overwhelming, there are several defences that may apply to your case: 

Procedural Errors 

In drug driving cases, strict adherence to police procedures is essential for evidence to be admissible in court. If officers fail to follow correct protocols such as not completing the MGDD forms correctly, not properly informing the suspect of their rights, or failing to obtain valid consent for a blood sample the entire case may be compromised. 

These mistakes can lead to the exclusion of critical evidence, significantly weakening the prosecution’s case. At Olliers our experience and expertise allows us to scrutinise every step of the process to identify such errors and use them to build a strong defence. 

Challenging Blood Results 

We can ensure the accuracy of your blood test results by questioning the procedures followed during sample collection and analysis. 

We will look to ensure that the correct chemicals were used to preserve the sample, the sample was properly stored, it was tested by an accredited lab using recognised methods, and the analyst is appropriately qualified. These factors are crucial and may form the basis of a legal challenge. 

Consent 

You must provide clear and unconditional consent for a blood sample. Improper pressure from an officer can invalidate the sample. In drug driving cases, the legality of obtaining a blood sample is a critical issue that can significantly impact the outcome of a prosecution. Under UK law, while police can request a blood sample if they suspect drug use, the sample must be taken with the individual’s informed and voluntary consent, typically by a registered healthcare professional – not a police officer. 

If consent is obtained through coercion, misunderstanding, or without proper explanation of rights, this may constitute a breach of the correct procedure. Courts have consistently upheld that any pressure or improper conduct by officers during this process can render the evidence inadmissible. The prosecution must prove that consent was freely given, often through documentation like the HORT/5 certificate, which must be properly completed and disclosed before trial. 

If these safeguards are not strictly followed, it may be possible to challenge the admissibility of the blood sample and, by extension, the entire case. 

Continuity 

The continuity of evidence is crucial. Any breaks in the chain of custody can undermine the prosecution’s case. 

Faulty Testing Equipment 

If there are doubts about the accuracy of the testing devices used, we can challenge the reliability of the evidence obtained. At Olliers, we understand that the reliability of testing equipment plays a crucial role in drug driving prosecutions. Faulty testing kits or improperly calibrated devices can produce inaccurate results that may unfairly implicate a driver.  

In some cases, concerns have been raised about the reliability of specific testing providers, such as Randox Testing Services, which has been subject to investigation over forensic irregularities. Our expert solicitors meticulously examine the evidence and the functionality of all testing devices involved. If there is any doubt about the accuracy or maintenance of the equipment used in your case, we will challenge the admissibility of the results and fight to protect your rights. 

Medical Defence 

If you were taking prescription medication as advised by a healthcare professional and were not impaired, this can be used as a defence. At Olliers, we recognise that not all positive drug driving results stem from unlawful behaviour. In some cases, individuals may test positive for prescribed medication taken in accordance with medical advice. UK law provides a statutory medical defence under Section 5A of the Road Traffic Act 1988, allowing drivers to argue that the drug was taken for medical purposes and in line with the directions of a healthcare professional.  

Our experienced solicitors will carefully assess your medical history, prescription records, and the circumstances of your arrest to determine whether a medical defence is applicable. We work closely with medical experts to build a robust case ensuring your rights are fully protected. 

No Evidence of Driving 

The prosecution must prove that you were driving or in charge of the vehicle. If there is insufficient evidence, the case may be dismissed. 

Private Land

For the offence to be committed, it must occur on a “road” or other “public place”. If the court find that the location of the alleged offence is a private place, you are entitled to be acquitted.

‘Hip Flask’ Defence 

If you consumed drugs after driving but before being tested, this could explain why your drug level was above the limit when tested, even though you were not over the limit whilst driving. 

How Olliers Motoring Solicitors Can Help 

Our experienced motoring law solicitors at Olliers have a proven track record of successfully defending drug driving cases. We take a proactive and strategic approach to ensure that every possible legal avenue is explored to achieve the best possible outcome for our clients. 

Why Choose Olliers Solicitors?  

• Specialist Expertise – Our lawyers are highly experienced in defending drink driving cases.  
• Strong Track Record – We have successfully defended numerous clients, securing acquittals and reduced penalties.  
• Proactive Defence Strategy – We challenge evidence, question procedures, and explore all legal options.  
• Clear Advice – We will always provide straightforward advice about your case and the possible outcomes.