Prescription Medication Drug Driving UK | Can You Be Charged?
You can be charged with drug driving while on prescription medication. Learn the law, limits, and possible defences.
Can Legal Medication Lead to Drug Driving Charges?
Yes. Even prescribed drugs can lead to prosecution if:
- They exceed legal limits
- They impair your driving
Common Medications Involved
Common medications include:
- Morphine
- Diazepam
- Codeine
- Legally Prescribed Cannabis
Medical defences are becoming more common. While officers will accept have a prescription, they will still insist on a blood sample and may charge you if the result is over the legal limit.
The “Medical Defence”
You may have a defence if:
- The drug was prescribed
- You followed medical advice
- You were not impaired
The police may carry out a Field Impairment Test with you if they feel you are impaired. This can be carried out either at the roadside or at the police station.
The Burden of Proof
Many people (even some legal professionals) are of the view that it is for you to prove your medical defence. This is not the case, and this misunderstanding leads to wrongful convictions.
You are required to raise the defence. The court will expect you to establish an evidential basis for it. However, once you have done so, the prosecution must then disprove it to the satisfaction of the court.
Evidence That Can Help Your Case
- Prescription records
- GP letters
- Expert evidence
Do I Need a Solicitor for a Medical Defence?
While you do not NEED one, it would be strongly recommended. It is not as simple as turning up to court with your prescription and medical records. These defences are rigorously scrutinised at court, and people that are not trained advocates can quickly harm their defence.
Our specialist drug driving solicitors know exactly how this defence should be prepared and presented. They draw on their experience to ensure every case has the best possible chance of success. They are also able to correct those in court who misunderstand the law (e.g. magistrates).
Real Case Example: Successful Appeal After Conviction
A client (“DC”) was charged with drug driving following a road traffic accident. He was over the legal limit but held a cannabis prescription.
DC was initially represented by another firm in the Magistrates’ Court and convicted after a poorly prepared defence, including a misunderstanding of the burden of proof.
He later instructed our specialist solicitor Jack Cooper to handle his appeal at the Crown Court. After detailed preparation and a proper legal strategy:
- The case was fully re-examined
- Key legal arguments were corrected
- The appeal was won and the conviction quashed
This highlights how the quality of representation can directly impact the outcome — even after a conviction.
Our Drug Driving Expertise
Click to see our dedicated drug driving page to find out more about the offence.
Why Early Legal Advice Matters
Cases often hinge on technical evidence. Early legal advice can identify weaknesses before court proceedings even begin. Our solicitors have intervened in many cases during the investigation stage, which has led to the police taking no further action!
Get Expert Representation from Verida Legal
If you are facing a drug driving charge:
Do not go to court unprepared.
Verida Legal provides:
- Clear advice from the outset
- Strategic case preparation
- Strong representation in court
Speak to our solicitors directly today for immediate support and free initial advice. Call 01942 364493 or click the link below to request a call back!
