The police may stop you if they if they have reasonable suspicion that you have been drug driving. They may then conduct either a drug wipe of your cheek or an impairment test (similar to a sobriety test) to help them determine the likelihood of some drug having impaired your driving. They must complete either one or the other in accordance with the rules for each, and only then may a request for an evidential blood test be made.

If the drug wipe is negative however they must conduct an impairment test and a medical professional must conclude that a persons condition is due to “some drug” in your system before they can request a blood sample.

The blood sample will be used by the prosecution as evidence of what they suggest the concentration of the drug was within your body.  If the analytical result is above the legal limit you are likely to be charged with an offence of drug driving.

There are very particular rules as to how the specimen should be taken, the procedure before and after the taking of the blood, many of the rules are in fact statutory requirements that need to have been complied with before the police may rely on the specimen as evidence.

We will look at all aspects of your case including the circumstances of the stop and the arrest, whether the police have complied with both guidelines for impairment testing or roadside drug testing, and in particular the procedure at the police station how the blood was taken and how is was treated and retained after donation.

In addition we have represented many clients where we have uncovered issues with the way the blood has been tested at the police (and third party) laboratories, including serious failures in the standards of testing of specimens.

We will obtain the data and testing behind the analytical result and we have a panel of highly regarded experts that will assess the way in which the testing has been carried out in your case and highlight any issues.

In addition the police must have complied with a very strict regime set out in statute to ensure that the procedure is in fact admissible.

We can of course advise you if the procedure has been complied with in your case and if not advise you as to the best way to defend the case.

Our many years of experience and specialist knowledge developed over that period mean that we are ideally placed to give you the best advice, we pride ourselves on the standard of our advice and advocacy at Court, particularly at trial. Ultimately we will do all that can be done on your behalf.