What Happens After You Fail a Drugs Test While Driving? Your Legal Rights Explained

What Happens After You Fail a Drugs Test While Driving? Your Legal Rights Explained
Being stopped by the police and failing a roadside drugs test can be an overwhelming and distressing experience. Many drivers are unaware of the strict laws surrounding drug driving in the UK and the serious consequences that can follow a positive test result, often asking what happens after you fail a drugs test while driving and how it might affect their case.
At Makwanas, we understand that failing a roadside drugs test does not automatically mean you are guilty of drug driving. There are many factors that can influence the accuracy and reliability of these tests. Our specialist motoring offence solicitors have extensive experience defending drivers accused of drug driving offences, and we work tirelessly to protect your rights and your licence.
Our specialist motoring offence solicitors have extensive experience defending drivers accused of drug driving offences, and we work tirelessly to protect your rights and your licence.
If you have been arrested after failing a roadside drugs test, it is vital to seek legal advice immediately. Early legal representation can make the difference between a conviction and a successful defence.
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 focused legal representation for drivers facing allegations of drug driving. Here is why our clients choose us:
- Specialist Knowledge – We have in-depth expertise in drug driving law, including cases prosecuted under section 5A of the Road Traffic Act 1988.
- Proven Track Record – We have successfully defended cases where the evidence was flawed or where the police failed to follow correct procedure.
- Tailored Defence Strategies – Every case is different, and we carefully analyse all the evidence to build a strong defence.
- Fixed-Fee Pricing – Transparent and predictable costs with no hidden charges.
- Proactive Defence Approach – We act quickly to challenge the accuracy of test results and protect your driving entitlement.
If you are searching for “drug driving solicitors near me” or “best drug driving lawyer”, our expert team is ready to assist.
What Happens After a Positive Roadside Drugs Test?
If you fail a roadside saliva test for drugs, the process usually involves the following steps:
- Arrest – You will be arrested on suspicion of drug driving and taken to a police station.
- Evidential Testing – You will be required to provide a blood sample for laboratory analysis. This is the test that will be used in court, not the roadside saliva test.
- Interview Under Caution – The police may interview you about your driving, drug use, and the circumstances of the stop.
- Lab Results – The blood sample is tested to determine the exact level of drugs in your system.
- Charging Decision – If the level is above the legal limit, you will usually be charged with drug driving.
Can You Challenge the Results?
Yes. There are several grounds to challenge drug driving charges, including:
- Failure by the police to follow proper procedure during arrest or testing.
- Contamination or mishandling of samples.
- Inaccurate roadside testing devices.
- The presence of drugs in your system from legitimate prescription medication taken in accordance with medical advice.
What Are the Penalties for Drug Driving?
Drug driving carries severe penalties, which can include:
- Mandatory driving disqualification – Minimum 12 months, and at least 3 years if you have a previous relevant conviction.
- Unlimited fine – Determined based on your income.
- Imprisonment – Up to 6 months in the most serious cases.
- Criminal record – Which can impact employment, travel and professional licences.
A conviction can also lead to increased insurance costs, and in some professions, loss of employment.
How We Can Help You Avoid Conviction
In many cases, we can:
- Challenge the legality of the initial stop and testing process.
- Dispute the accuracy and reliability of the laboratory results.
- Present evidence of a valid medical defence where prescription medication is involved.
- Negotiate for reduced penalties or alternative sentencing options.
Frequently Asked Questions: What Happens After You Fail a Drugs Test While Driving
Is the roadside drugs test always accurate?
No. The roadside test is only an initial screening tool. The final decision is based on a blood sample analysed in a laboratory.
Can prescription medication cause a failed test?
Yes, certain prescription drugs can trigger a positive reading. You may have a defence if you can show you were taking the medication as prescribed.
Will I lose my licence?
If convicted, yes – drug driving carries a mandatory driving ban of at least 12 months.
Can I go to prison for drug driving?
Prison is possible in serious cases, such as where dangerous driving or an accident occurred.
Do I need a solicitor?
Absolutely. Specialist legal advice can identify defences you may not be aware of and protect your rights from the earliest stage.
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