National UK Roads Policing Drugs and Driving Investigating
Limits and Impairment - what works best Roger Agombar National Road
Policing
Slide 2
A brief background 1872 1967 1967 Statutory Alcohol Limits 2003
Impairment (drug) testing 2015 Statutory Drug Limits. National UK
Roads Policing
Slide 3
Driving, attempting to drive or being in charge of a motor
vehicle on a road or other public place with a specified drug
concentration above a specified limit (sec 5A RTA 1988) Mirror
image of Excess Alcohol Absolute liability (no impairment).
National UK Roads Policing
Slide 4
Cannabis (Delta 9 THC) Cocaine & Benzoylecgonine
HeroinMethamphetamineMDMAKetamineLSD National UK Roads Policing
BenzodiazepinesMorphineMethadoneAmphetamine Specified Drugs must
first be controlled drugs under the Misuse of Drugs Acts
Statutory Medical Defence Defence to show that drug was
prescribed or supplied to him for medical / dental use Used in
accordance with instructions Driver to raise [credibly] but no
reverse burden Police processes handle this Does not apply to
Driving Whilst Impaired. National UK Roads Policing
Slide 7
Screening Devices Number of oral testing devices tested and two
approved Draeger 5000 Securetec Drug Wipe 3S S303G Both test for
Cannabis and Cocaine and can be used either at a police station or
elsewhere Dual role providing power to arrest and the authority to
require evidential specimens. National UK Roads Policing
Slide 8
Securetec Drug Wipe 3S S303G Draeger 5000
Slide 9
New offence removes the need to prove impairment but presents
different challenges Limited to sixteen specified drugs Limits are
only set in blood Devices only test for Cannabis and Cocaine
Medical defence Laboratory accreditation not yet complete Specimen
degradation and storage Drivers who are impaired but below
threshold Increased enforcement costs. National UK Roads
Policing
Slide 10
How it works in practice UK forces use a standardised process
on nationally published forms that allow for the simultaneous
investigation of alcohol and drug offences National UK Roads
Policing
Slide 11
Two ways to discover the new offence Arrest for impaired
driving take specimen and analyse against specified limits and for
impairment Conduct screening saliva test and arrest of positive
test take specimen and analyse for specified limits only. National
UK Roads Policing
Slide 12
Arrest for impaired driving take specimen and analyse against
specified limits and for impairment This approach allows the
officer to pursue the impairment offence whenever blood cannot be
obtained (using urine instead), the medical defence applies or the
driver is below the specified threshold. National UK Roads
Policing
Slide 13
Arrest for impaired driving take specimen and analyse against
specified limits and for impairment A screening drug test can still
be required but this will be best conducted at the police station
where a positive result will allow the officer to require blood or
urine without the need to consult a doctor or nurse. National UK
Roads Policing
Slide 14
Conduct screening saliva test at the roadside and arrest if
positive or refused take specimen and analyse for limits only This
approach limits the officer to the new specified limit offence only
which will have to be abandoned if blood cannot be obtained or any
of other limitations apply. National UK Roads Policing
Slide 15
How do you deal with a driver who cannot for genuine reasons
provide blood and where there is no evidence of impairment? Do you
have a medical defence and does the driver have to prove it? Do you
have graduated penalties according to the concentration of the
drug? How much do you pay for a roadside drug test and how much do
you pay for a limit based laboratory test? National UK Roads
Policing