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Are There Kits Available To Traffic Police To Test Drivers They Suspect Are...
Driving under the influence of drugs?
If there are and they show someone had been driving under the influence of drugs would they incur the same penalty that a drunk driver might face?
If there are and they show someone had been driving under the influence of drugs would they incur the same penalty that a drunk driver might face?
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No best answer has yet been selected by sandyRoe. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.The police can stop you and make you do a 'field impairment assessment' if they think you're on drugs. This is a series of tests, for example asking you to walk in a straight line. They can also use a roadside drug kit to screen for cannabis and cocaine.
they have to stop for a reason - but if like me, you have been er drinking then, it really doesnt matter
they have to stop for a reason - but if like me, you have been er drinking then, it really doesnt matter
For both alcohol and drugs, there are two different offences that can be committed whilst driving:
- Driving whilst unfit (through alcohol or drugs)
- Driving whilst the concentration (of alcohol or drugs) is over the prescribed limit.
The tests for the two are quite different:
For the first, the police have to prove that the driver was impaired by the use of drink or drugs. No test of the level of alcohol/drugs in the system is required.
The second is purely a measurement of alcohol or drugs in the driver's system. No assessment of impairment is required.
For the second the police have screening kits to use at the roadside and if the driver proves positive there he is arrested and an "evidential test" (breath, blood or urine as appropriate) is carried out at the Nick.
The penalties for all four offences are similar. The maximum is six month's custody and/or an unlimited fine plus a mandatory driving disqualification for a minimum of 12 months (or 36 months for a second or subsequent offence committed within ten years of the first).
- Driving whilst unfit (through alcohol or drugs)
- Driving whilst the concentration (of alcohol or drugs) is over the prescribed limit.
The tests for the two are quite different:
For the first, the police have to prove that the driver was impaired by the use of drink or drugs. No test of the level of alcohol/drugs in the system is required.
The second is purely a measurement of alcohol or drugs in the driver's system. No assessment of impairment is required.
For the second the police have screening kits to use at the roadside and if the driver proves positive there he is arrested and an "evidential test" (breath, blood or urine as appropriate) is carried out at the Nick.
The penalties for all four offences are similar. The maximum is six month's custody and/or an unlimited fine plus a mandatory driving disqualification for a minimum of 12 months (or 36 months for a second or subsequent offence committed within ten years of the first).
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