Drug drive ยท Drug in charge

Drug technical defence

Interpretation of blood, breath or urine drug levels. We compare your account of consumption against the toxicology to assess consistency, and whether you would have been under or over the legal limit at the time of driving and testing.

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What we can report on

These are the areas we work on most often. We are also happy to discuss unusual issues or charges not listed here, so just get in touch.

Post-driving consumption

A drug taken after you stopped driving, and whether it accounts for the level found rather than impairment at the time.

Unwitting consumption

Cases where a substance was consumed without the driver's knowledge, and what the toxicology can show about it.

Laced consumption

Spiked or laced food or drink, and how a substance taken unknowingly affects the result.

Medications

How prescribed or over-the-counter medicines can influence a positive drug result.

Passive consumption

The relevance (or otherwise) of passive exposure, such as second-hand cannabis smoke, to a positive reading.

Procedure & analytical data pack

Review of procedural issues and detailed examination of the analytical data pack behind the toxicology result.

The science, explained

Interpreting a drug result

Section 5A sets specified limits for a list of controlled drugs. We interpret your toxicology result against your account of consumption to test whether the two are consistent, and what the level is likely to have been at the time of driving.

Drugs behave very differently from alcohol: absorption, active versus inactive metabolites and detection windows all matter. Our reports set that out as clear conclusions the court can follow.

Discuss your case
Typically needed

What helps us report

  • The toxicology certificate & analytical data pack
  • Your account of what was taken, when & how much
  • Any prescribed or OTC medication
  • The procedure records & timeline
  • Relevant medical history
Not sure what you have? Get in touch and ask.

Charges this covers

Driving over the prescribed limit
Section 5A, Road Traffic Act 1988
In charge over the prescribed limit
Section 5A, Road Traffic Act 1988
Driving whilst unfit through drink or drugs
Section 4, Road Traffic Act 1988
In charge whilst unfit through drink or drugs
Section 4, Road Traffic Act 1988

These are our routine reporting areas. If you have an unusual issue or a charge not listed here, please get in touch to discuss it.

Drug defence FAQs

Section 5A of the Road Traffic Act 1988 makes it an offence to drive with a specified controlled drug in your body above its prescribed limit. The list includes both illicit drugs and some medicinal drugs, each with its own threshold.
Passive exposure is frequently raised. Whether it could realistically account for a given reading depends on the level detected and the circumstances, which is exactly the kind of question an independent report can address.
It can be highly relevant. Some specified drugs are also prescribed medicines, and a statutory "medical defence" may apply in certain circumstances. We can interpret your levels in the context of your prescription.
Yes. ATXpert provides court-compliant reports and can attend to give oral evidence in person or by video link.

Facing a drug driving charge?

Get in touch for free scientific advice or a no-obligation quote. We'll tell you honestly whether toxicology interpretation could assist your case.

Get free advice Email contact@atxpert.co.uk