The blood sample will provide details of the exact concentration of drug within your body and a reading as to whether you are above or below the legal limit for drug driving.

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.

We will look at all aspects of your case including the circumstances of the stop and the arrest, the roadside drug testing, and in particular the procedure at the police station and ill ensure you get the right advice for your case.

On the 2nd March 2015 drug driving legislation came into force under Section 5A of the Road Traffic Act 1988.

The statute made it illegal to drive or be in charge of a motor vehicle having taken a specified controlled drug, the concentration of which is above the legal prescribed limit in blood.

The police can stop you at the roadside if they have reasonable suspicion that you have been drug driving. They can then conduct either a drug wipe of your cheek or an assessment test (similar to a sobriety test) to help them determine the likelihood of you driving after drugs above the prescribed limit. They must complete either one or the other in accordance with the rules for each, and can only request a blood test if they do so correctly.

They may undertake a drug wipe/saliva test using their roadside device to provide them with an indication as to whether you are above the legal limit for cannabis or cocaine. Regardless of the outcome of this, if the officers believe that you may have been drug driving you may be arrested and conveyed to the police station for the purpose of providing a blood sample.  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.