The prosecution must prove that your driving ability was impaired at the time of driving due to the presence of an illegal substance.
Driving Whilst Impaired Through Drugs
The difficulty for the prosecution is establishing what level of drugs can be in a person’s system before they become impaired.
Expert Motoring Offences Solicitors
At GT Stewart Solicitors & Advocates, we understand that being charged with a motoring offence can be stressful, disruptive, and carry serious consequences. From speeding and driving without insurance to more serious allegations such as dangerous driving or driving under the influence, our specialist motoring offences team provides expert advice and representation at every stage of the process.
We guide our clients through police investigations, court proceedings, and potential licence or penalty issues, ensuring that all legal options are carefully considered. Our approach combines practical solutions with a strategic focus on protecting your driving record, liberty, and future.
Whether you are facing a single motoring charge or complex, multiple allegations, our solicitors act quickly to provide clear advice, robust representation, and support tailored to your circumstances.
Experienced Motoring Offences Lawyers
Our specialist motoring offences team has extensive experience representing clients facing a wide range of road traffic matters, from speeding, careless or dangerous driving, to more serious allegations such as driving under the influence or driving without insurance. We provide clear advice and representation at every stage, including police investigations, court proceedings, and licence-related matters.
We can help dramatically improve your chances of being found not guilty or avoiding disqualification. Email GT Stewart at roadtraffic@gtstewart.co.uk to speak with a member of our specialist motoring law team, or use our online enquiry form. We will respond at a time and date convenient to you, ensuring that you receive prompt, personalised advice tailored to your case.
Driving Whilst Impaired Through Drugs
Initially, the police will carry out a FIT test (Field Impairment Test) at the roadside to determine your level of impairment (if any). The officer carrying out the test must refer to standard guidelines and procedures for testing and will make observations in relation to the following:
- The size of your pupils (The Pupil Measure Test);
- Your balance and judgement (The Romberg Test);
- The Walk and Turn test;
- The one leg standard test; and
- The finger to nose test
If the officer decides that you have failed the test you will be required to provide a specimen of blood (or urine) at the police station. The police must offer you a sample of blood to take away with you from the police station. We would recommend that you arrange to have your sample tested as soon as possible. If you do not consent, you will be charged with an offence of failing to provide a specimen, unless you have a reasonable excuse such as a fear of needles.
It is not enough for the prosecution to prove that there was a drug present in your system, they must also prove that you were unfit through drugs. This is something that we are able to challenge on your behalf given the number of different factors which can influence the results of the FIT test. Contact GT Stewart at roadtraffic@gtstewart.co.uk in order to get urgent specialist legal advice.
Driving with Excess Drugs
The difficulties of successfully prosecuting a driver for driving whilst impaired through drugs forced new legislation to be introduced in 2015 by introducing specified legal limits for both legal and illegal drugs in order to measure an accepted level of usage before driving. The prosecution now have to establish that you were driving and the proportion of a specified drug measured in your blood is found to be over the prescribed limit.
The new legislation set limits for 17 ‘controlled drugs, some of which are used for widespread medicinal purposes (8) and those which are not with amphetamine being categorised separately.
| Controlled Drug | Limit (micrograms per litre of blood) |
|---|---|
| Benzoylecgonine | 50 |
| Clonazepam | 50 |
| Cocaine | 10 |
| Delta-9-Tetrahydrocannabinol (cannabis) | 2 |
| Diazepam | 550 |
| Flunitrazepam | 300 |
| Ketamine | 20 |
| Lorazepam | 100 |
| Lysergic Acid Diethylamide | 1 |
| Methadone | 500 |
| Methylamphetamine | 10 |
| 6-Monoacetylmorphine | 5 |
| Morphine | 80 |
| Oxazepam | 300 |
| Temazepam | 1000 |
| Amphetamine | 250 |
Our Services
At GT Stewart Solicitors, our specialist motoring offences team provides clear, practical advice across the full range of road traffic matters. Whether you are facing a speeding allegation, a drink or drug driving charge, or a more serious offence such as dangerous driving, early legal advice can make a significant difference to the outcome of your case.
We understand that for many clients, their driving licence is essential for work, family responsibilities, and day-to-day life. Allegations can carry penalty points, fines, disqualification, or even imprisonment. Our experienced lawyers will assess the evidence, advise you on your options, and build a strong defence where appropriate.
Below you will find guidance on the most common motoring offences we deal with, together with practical information about the legal process and how we can help protect your licence and your livelihood.
Click below to read detailed advice on each motoring offence.
Parking Fines and Offences
Why Choose GT Stewart?
“We will do all the law permits to keep you on the road”
GT Stewart have a proven track record of success with defending driving offences and know exactly how to prepare an effective defence in order to give you the best chance of winning your case.
Our Expert Lawyers are ready to Help
GT Stewart has established itself as a leading firm in the UK, specialising in both private cases and also Legal Aid work.
Meet some of our Motoring Offences team
Speak to one of our Motoring Offences Solicitors
Our Tenacity Results in Success
Our client was accused of breaching a non molestation order on two separate occasions and using threatening words of behaviour.
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Our client, JI, a Lithuanian national and HGV driver employed by a European Haulage company, was stopped by Border Force at Coquelles following transit through Poland, Holland, Belgium and France.
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We argued that the officer who detained our client was not acting lawfully because he had not introduced himself before detaining him. The officer gave evidence, saying that the way he carried out the search was good practice, and that he was doing his job in the proper way.
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Client Testimonials
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"I cannot recommend Balhar Dhamrait, better known as “Bubs”, at GT Stewart Solicitors highly enough.Bubs represented me for my criminal case and was absolutely outstanding from start to finish. From the first time I spoke with him, he was professional, knowledgeable and straightforward, while also being incredibly supportive during what was an extremely stressful time.His communication was excellent throughout. He always took the time to explain exactly what was happening, what my options were and what to expect at each stage of the case. I never felt left in the dark, and knowing I had someone with his experience and knowledge fighting my corner gave me a huge amount of confidence.The preparation and attention to detail that went into my case were second to none. It was clear that Bubs genuinely cared about achieving the best possible outcome for me rather than treating me as just another client.I’m extremely grateful to Bubs and the team at GT Stewart Solicitors for everything they did for me. The level of service, professionalism and support I received was exceptional.If you ever find yourself needing a criminal defence solicitor, I would have absolutely no hesitation in recommending Bubs.Thank you again for everything you did for me."
"I was really happy with using GT Stuart solicitors I was represented by Ruta Mikailaite give me the time and understanding of my situation and I was fortunate to get the best outcome because of the solicitors expertise and time to explain my case correctly . If anyone is in a similar situation, I highly recommend GT Stuart solicitors especially Ruta Mikailaite"