How Common Are Roadside Tests for Drink/Drug Driving?

Roadside tests are a common tool used by police forces to take action against drink and drug driving. In 2022, police forces across England, Wales, and Northern Ireland, led by the National Police Chiefs' Council (NPCC), carried out over 52,600 breath tests. More than 10% of drivers tested positive, failed, or refused the test. During the same period, 6,273 drug wipe tests were carried out, with 53.6% returning positive results for drugs like cannabis or cocaine. These figures reflect a growing focus on identifying drink or drug drivers on UK roads as the rate of positive tests has started to return to pre-pandemic numbers.

Enforcement measures are there to maintain road safety, but if you've been caught, it's beneficial to know your rights and options so you can take the appropriate action. In this blog, the motoring law experts from JMW Solicitors will outline how common roadside tests for drink/drug driving are, what the common roadside tests consist of and what actions to take if you've been caught drink/drug driving.

What Are the Types of Roadside Tests?

If the police stop you and suspect you’ve been drinking or taking drugs while driving, they are permitted to administer a roadside test. These tests are intended to quickly determine whether you're over the legal alcohol limit or if there are drugs in your system. There are several types of roadside tests, and understanding how they work can help you to navigate the process. Here's an overview of the most common tests conducted by police:

Breathalyser Test

The breathalyser test is the standard method used to check alcohol levels. Police officers carry a handheld breathalyser device, which measures the amount of alcohol in your breath. When you exhale into the device, it calculates your blood alcohol concentration (BAC). In the UK, the legal limit for BAC is 35 micrograms per 100 millilitres of breath.

If your breathalyser reading exceeds this threshold, you will be taken to the police station for further tests, typically on an evidential breathalyser machine, which provides more precise readings. At the station, if the more accurate reading still shows you're over the limit, you could be formally charged with drink driving. Refusing to take the breathalyser test at the roadside is a separate offence, which can result in penalties similar to those for drink driving.

Field Impairment Test

For suspected drug driving, police may perform a field impairment test. This test consists of several physical tasks designed to assess your coordination and ability to follow instructions - skills that are typically impaired by drugs. Common tasks include:

• Walking in a straight line: You’ll be asked to take a number of steps along a straight line, turn, and return in the same manner.
• Standing on one leg: Officers may ask you to balance on one leg for a specified period.
• Eye tracking: Officers might check your ability to follow a moving object, like a pen or light, with your eyes, which helps detect any abnormalities in eye movements caused by certain drugs.

If the officer believes your performance on the test suggests impairment, you could be arrested and taken to the station for further testing. While field impairment tests don’t measure drug levels directly, they provide an initial indication of whether a driver is too impaired to drive safely.

Drug Wipe Test

More recent advancements have introduced the drug wipe test, a quick and simple way to detect drugs in a driver’s system using a saliva sample. Officers will take a swab from your mouth, usually by wiping the inside of your cheek. This test can detect a range of drugs, but the most prevalent drugs tested are cannabis and cocaine.

If the drug wipe test shows a positive result, the police will take you to the station for more thorough testing, usually involving a blood or urine sample. This second test is more accurate and will confirm the presence and quantity of drugs in your system. Even if you feel you’re able to drive safely, being over the legal drug limit can result in an arrest and possible conviction.

This does not only apply to illegal drugs. Certain drugs and medications have specified limits for how much can be present in your blood before it becomes a criminal offence to drive. It’s important to know that prescription drugs like morphine, diazepam, and codeine are also tested for, and driving under the influence of these without proper medical guidance can still lead to an arrest if they impair your ability to drive.

What Are the Consequences for Drink or Drug Driving?

Being convicted of drink or drug driving can lead to legal, personal and professional consequences that may affect many areas of your life. Whether the offence involved alcohol or drugs, the penalties are designed to address the risks posed to road safety. If you've failed a roadside drug test or a breathalyser test, and the results lead to a conviction, the impact could go beyond fines and driving bans. Here are some of the key consequences you might face:

Criminal Record

A conviction for drink or drug driving is treated as a criminal offence and results in a criminal record. This record can make it difficult to secure employment, especially in roles that require a clean driving record. Jobs in sectors such as education, healthcare, and certain public service roles often require criminal background checks, and a conviction for drink or drug driving could be a barrier to employment. Additionally, a criminal record may affect your ability to obtain certain licences, such as those required for professional driving positions, and can also have a long-term effect on your insurance costs.

A criminal record can also complicate international travel. Countries such as the United States have strict entry requirements, and a conviction for drink or drug driving could result in a denied visa application, limiting your ability to travel for work or leisure.

Fines and Penalties

A conviction for drink or drug driving can also result in an unlimited fine. In some cases, the court may issue a higher fine if aggravating factors are present, such as previous convictions, if you caused an accident, or if extremely high levels of impairment were detected. While many first offences result in fines and community penalties, you could face a custodial sentence in more severe cases, particularly for repeat offences or when someone has been seriously injured or killed. Courts take into consideration the level of impairment as shown by a roadside drug test or breathalyser, as well as the circumstances surrounding the offence.

Increased Insurance Costs

Following a conviction, your car insurance premiums will likely increase. Insurers classify drivers with drink or drug driving convictions as high-risk, meaning you will have to pay more for your insurance coverage. In some cases, insurers may refuse to offer cover altogether, which can make it difficult to find affordable car insurance once you’re able to drive again. The impact on your premiums can last for several years, even after your driving ban is lifted, as the conviction remains on your driving record for an extended period.

Impact on Employment and Driving License

A conviction for drink or drug driving often results in an immediate driving ban, lasting at least 12 months for a first offence but extending to several years in cases involving high alcohol or drug levels, repeat offences, or aggravating factors such as causing an accident or injury. This ban prohibits driving any vehicle legally, which can severely disrupt personal life and employment. Those whose jobs depend on a driving licence, such as lorry or delivery drivers, may face dismissal, while others may find their conviction viewed negatively by employers, particularly in roles requiring responsibility or trust. Additionally, the criminal record associated with a conviction may impact future job applications, especially for roles involving background checks.

What Should You Do if You’ve Been in an Accident?

Being involved in an accident while under the influence of alcohol or drugs can be an overwhelming experience. Whether or not you are at fault, handle the situation responsibly and in accordance with the law. Following the correct steps can support your defence and affect the outcome of any potential charges or claims against you. Here are some key actions you should take if you find yourself in this situation:

Stay at the Scene

Regardless of the circumstances, never leave the scene of an accident. Fleeing the scene could lead to further criminal charges, including serious offences like hit-and-run. If there are injuries, it is your legal duty to call the emergency services. Exchange details with all involved parties, including names, addresses, contact numbers, and insurance information.

Seek Legal Advice

If you’ve been involved in an accident while under the influence, consult with a solicitor who specialises in drink or drug driving cases as soon as possible. They will help you understand your rights, explain the potential consequences, and guide you through the legal process. A solicitor can advise on whether there are any mitigating circumstances that might reduce your penalties, such as issues with the reliability of roadside drug testing or other procedural errors.

Report the Incident to Your Insurance Company

Once the immediate situation is under control, you are legally required to report the accident to your insurance company. Failing to inform them can invalidate your insurance and lead to further complications if you try to make a claim or if the other parties involved make claims against you. If you’ve been found at fault or have tested positive for drugs or alcohol, this could also lead to an increase in your premiums or a refusal of cover in the future. Be transparent about the circumstances to avoid additional legal or financial repercussions.