In March 2015, the government brought in a new offence of driving while over the limit specified for drugs in your system.
Section 5A is the new law and refers to ‘driving or being in charge of a vehicle with a concentration of a specified controlled drug above the permitted levels in your blood’. The law includes a number of illegal, and prescription drugs.
There are now two offences that relate to drug driving, as follows:
- Section 5A RTA 1988
- Section 4 RTA 1988
The previous Section 4 law (which still exists) concerns driving, attempting to drive, or being in charge of a motor vehicle while unfit - whether you’re over the limit or not.
Section 5A makes it easier to successfully prosecute drug driving offences because the court doesn’t have to prove impairment, as it has had to do under the Section 4 law. It will reduce the time and money spent on prosecutions, improve road safety and deter drug driving.
Permitted levels
Section 5A takes a zero-tolerance approach to the listed drugs. The limits are set so any claims of accidental exposure can be ruled out (no excuses that your mate was smoking cannabis close to you, and you just inhaled it).
Your driving doesn’t have to be impaired for you to be charged with this offence. You just have to be over the permitted levels.
Being in charge
It’s also an offence if you’re ‘in charge of a motor vehicle when under the influence of drugs’. This essentially means you could be parked up in your car and still be prosecuted if you are over the limit.
What drug driving charge will you face?
If your blood drug level is above the permitted levels, you will be charged with the Section 5A offence.
If you’re above the permitted levels and your driving is impaired, you’re likely to be charged with the Section 5A offence.
If it’s below the permitted level, but there is sufficient evidence of impairment, you’re likely to be charged with the Section 4 offence of being unfit to drive.
