The government, through the Department of Transport, is appointing a panel of experts composed of academics and scientists to look into the possibility of changing the law on drug-driving. Their goal will be to establish whether or not a revised law could be implemented in the same way as the drink-driving law is enforced at present.
The demand for this from safety campaigners and other interested parties arises out of mounting evidence of drugs being a contributing factor in a significant number of non fatal and fatal road accidents. This includes evidence of consumption of illegal drugs on their own, in combination with legal drugs and finally in combination with alcohol. The impact of legal substances is also under scrutiny.
At present motorists can be charged with being unfit to drive as a result of being under the influence of drugs. However in the absence of any equivalent tool to the breathalyser, adequate proof of consumption is relatively difficult to obtain and means prosecutions are rare. As things stand the law relies on, arguably, fairly subjective impairment tests to determine a subject’s capacity to drive. These include counting to thirty, walking forwards and backwards in a straight line for nine paces, and touching finger to nose with eyes closed. If after this the police have reasonable grounds to suspect drug use this needs to be confirmed by a doctor before the requisite blood test can be performed. In practical terms this can take a significant period of time and given the limited window of detection of a blood test, by the time an analysis is performed evidence of consumption may no longer be obtainable.
There are many tests available capable of determining whether an illegal substance has been consumed at some point in the last few hours or days. One of the challenges the authorities would face is selecting a test which not only confirms recent consumption but which is also able to determine whether a subject, at the time of being stopped, is still under the influence of the substance in question. Tests of this kind already exist, are the subject of continuing development, and are in use abroad by some police forces. The State of Victoria in Australia can tests drivers at the roadside for MDMA (methamphetamine found in speed and crystal meth) and THC, the active component in cannabis. In the UK the dugs the Department of Transport is theoretically interested in testing for are cocaine, MDMA, cannabis and opiates. However the presence of certain combinations of legal substances and alcohol, even within legal limits is also a concern.
Given that most of the substances in question are illegal anyway many interested parties favour a zero tolerance policy should consumption be established regardless of the impact on driving ability.
Andrew Howard, head of road safety at the AA, said:
“The big question is – how can you talk about an acceptable level of something that’s illegal to possess? If it’s zero, then you have a law that’s about the use of a substance and not driving. Our members are definitely in favour of a law that affects you if you’re impaired, and 75% want it to be zero tolerance.”
This view was echoed by Stephen Glaister, director of the RAC Foundation who said: “There is no doubt that drug-driving is a very big and growing problem, particularly when combined with drink. Reliable screening devices are being developed and it is hoped approved equipment will soon provide legally acceptable proof of drug-driving.
“The RAC Foundation believes there is also a strong case for a law which sees motorists detected driving with illegal drugs in their system penalised, without impairment itself having to be proved.”
He said official statistics showed more than 1,000 accident casualties yearly were due to drugs and that this was “thought to be an under-estimate”.