How Long Do Police Have to Prosecute Drug Driving in the UK? Your Legal Rights Explained
How Long Do Police Have to Prosecute Drug Driving in the UK? Your Legal Rights Explained
If you have been arrested for drug driving, one of the first questions you may have is, how long do police have to prosecute drug driving, and whether there is a specific time limit for being charged or taken to court. The legal process for drug driving offences can take weeks or even months, especially when laboratory testing is involved, and the uncertainty can be stressful.
At Makwanas, we know that delays in prosecution can raise important legal issues. If the police or prosecution exceed certain time limits, it may be possible to have the case dropped. Our specialist motoring offence solicitors have extensive experience in challenging delays and procedural errors in drug driving cases.
If you have been arrested, interviewed, or given a blood test for suspected drug driving, it is essential to seek legal advice as soon as possible to protect your position.
Book Your Free Discovery Call Today – Speak to a solicitor and understand your legal options.
Why Choose Our Drug Driving Defence Solicitors?
At Makwanas, we provide expert advice and representation in drug driving cases from the earliest stage. Here’s why clients choose us:
- Specialist Knowledge – We are highly experienced in drug driving offences under section 5A of the Road Traffic Act 1988.
- Proven Track Record – We have successfully defended clients where delays in evidence or charging have led to cases being dropped.
- Tailored Defence Strategies – We review every procedural step to ensure the law has been followed.
- Fixed-Fee Pricing – Clear and transparent fees with no hidden costs.
- Proactive Defence Approach – We act quickly to identify and challenge unnecessary delays.
If you are searching for “drug driving time limit UK” or “how long do police have to charge you for drug driving”, our legal team can help.
How Long Do Police Have to Prosecute?
For drug driving offences:
- Six Months to Lay an Information – In England and Wales, the police must start court proceedings within six months of the date of the offence. This means they must lay an “information” before the magistrates’ court within this period.
- Laboratory Testing Delays – Because drug driving relies on blood test results, it can take several weeks for the police to receive the lab analysis before making a charging decision.
- Postal Requisition – If charged, you may receive a postal requisition (court summons) rather than being charged at the police station.
Can a Case Be Dropped for Delays?
Yes — if the police fail to start proceedings within six months, the case is out of time and must be dismissed. We can:
- ✅ Check the official court records to confirm whether proceedings were issued in time.
- ✅ Challenge delays in evidence processing that breach procedural fairness.
- ✅ Argue that prolonged delays have prejudiced your ability to prepare a defence.
Why Cases Often Take Months
Drug driving cases usually take longer than drink driving cases because:
- Roadside drug tests are only preliminary
- A blood sample must be taken and sent to a lab
- Lab results must be formally certified and disclosed before charging
How We Can Help
We can:
- ✅ Monitor deadlines and hold the police to strict time limits.
- ✅ Identify breaches of procedure that can lead to a case being thrown out.
- Advise on your rights during the waiting period.
- Defend you robustly if the case proceeds to court.
Frequently Asked Questions: How Long Do Police Have to Prosecute Drug Driving
Is there a time limit for the police to test my blood sample?
There is no strict statutory limit, but unreasonable delays can be challenged.
Can the police charge me after six months?
Not for a summary-only offence like drug driving — unless proceedings were started within the six-month limit.
Why do drug driving cases take longer than drink driving cases?
Because laboratory analysis of blood samples takes more time than breath test results.
Will delays help my case?
Yes — in some cases, significant delays can be used as part of your defence strategy.
Do I need a solicitor while waiting for results?
Yes — legal advice from the outset ensures your rights are protected throughout the process.
Notice: Informational Content Disclaimer
The content provided on this website, including articles, blog posts, and other informational materials, is intended for general informational purposes only. It is not intended as, and should not be considered, legal advice.
Visitors to this website should be aware that the information presented here is not a substitute for seeking legal advice from a qualified solicitor or legal professional. Each individual's legal situation is unique, and the information provided may not be applicable to specific circumstances.
If you require legal advice or have specific legal questions, we encourage you to contact us directly. Our experienced team of solicitors is here to assist you with your legal needs and provide tailored advice to address your concerns.
Please be advised that any communication through this website, including the use of contact forms or email, does not create a solicitor-client relationship. Confidential or time-sensitive information should not be sent through this website. To establish a solicitor-client relationship and discuss your legal matters in detail, please contact us for a consultation.
We strive to provide accurate and up-to-date information, but we make no representations or warranties regarding the accuracy, completeness, or suitability of the information contained on this website. We shall not be liable for any reliance placed on the information provided herein.
Thank you for visiting our website. We look forward to the opportunity to assist you with your legal needs.
