1. National UK Roads Policing Drugs and Driving Investigating Limits and Impairment - what works best Roger Agombar National Road Policing

2. A brief background 1872 – 1967 1967 – Statutory Alcohol Limits 2003 – Impairment (drug) testing 2015 – Statutory Drug Limits. National UK Roads Policing

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

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

5. National UK Roads Policing Cannabis (Delta 9 THC) 2 ng/ml Cocaine 10ng/ml Benzoylecgonine50ng/ml Heroin 5 ng/ml Methamphetamine10ng/ml MDMA10ng/ml Ketamine20ng/ml LSD 1 ng/ml BenzodiazepineVarious Morphine80ng/ml Methadone500ng/ml Amphetamine 250ng/ml SpecifiedLimits

6. 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

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

8. Securetec Drug Wipe 3S S303G Draeger 5000

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

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

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

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

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

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

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

16. Any Questions? National UK Roads Policing