Transcript ROGER AGOMBAR TISPOL 19 APRIL 2015x

National UK Roads Policing
Drugs and Driving
Investigating Limits and
Impairment - what works best
Roger Agombar
National Road Policing
National UK Roads Policing
A brief background
1872 – 1967
1967 – Statutory Alcohol Limits
2003 – Impairment (drug) testing
2015 – Statutory Drug Limits.
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Driving, attempting to drive or being
in charge of a motor vehicle on a
road or other public place with a
specified drug concentration above a
specified limit (sec 5A RTA 1988)
Mirror image of Excess Alcohol
Absolute liability (no impairment).
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Specified Drugs must first be controlled
drugs under the Misuse of Drugs Acts
Cannabis (Delta 9 THC)
Cocaine & Benzoylecgonine
Heroin
Methamphetamine
MDMA
Ketamine
LSD
Benzodiazepines
Morphine
Methadone
Amphetamine
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Specified
Limits
Cannabis (Delta 9 THC)
Cocaine
Benzoylecgonine
Heroin
Methamphetamine
MDMA
Ketamine
LSD
Benzodiazepine
Morphine
Methadone
Amphetamine
2 ng/ml
10ng/ml
50ng/ml
5 ng/ml
10ng/ml
10ng/ml
20ng/ml
1 ng/ml
Various
80ng/ml
500ng/ml
250ng/ml
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Statutory Medical Defence
Defence to show that drug was prescribed or
supplied to him for medical / dental use
Used in accordance with instructions
Driver to raise – [credibly] – but no reverse
burden
Police processes handle this
Does not apply to Driving Whilst Impaired.
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Screening Devices
Number of oral testing devices tested and two
approved
Draeger 5000
Securetec Drug Wipe 3S S303G
Both test for Cannabis and Cocaine and can
be used either at a police station or elsewhere
Dual role – providing power to arrest and the
authority to require evidential specimens.
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Draeger 5000
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New offence removes the need to prove
impairment but presents different challenges
Limited to sixteen specified drugs
Limits are only set in blood
Devices only test for Cannabis and Cocaine
Medical defence
Laboratory accreditation not yet complete
Specimen degradation and storage
Drivers who are impaired but below threshold
Increased enforcement costs.
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How it works in
practice
UK forces use a
standardised process on
nationally published
forms that allow for the
simultaneous
investigation of alcohol
and drug offences
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Two ways to discover the new offence
Arrest for impaired driving – take
specimen and analyse against
specified limits and for impairment
Conduct screening saliva test and
arrest of positive test – take specimen
and analyse for specified limits only.
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Arrest for impaired driving – take specimen
and analyse against specified limits and for
impairment
This approach allows the officer to
pursue the impairment offence whenever
blood cannot be obtained (using urine
instead), the medical defence applies or
the driver is below the specified threshold.
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Arrest for impaired driving – take specimen
and analyse against specified limits and for
impairment
A screening drug test can still be required
but this will be best conducted at the police
station where a positive result will allow the
officer to require blood or urine without the
need to consult a doctor or nurse.
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Conduct screening saliva test at the roadside
and arrest if positive or refused – take
specimen and analyse for limits only
This approach limits the officer to the
new specified limit offence only which
will have to be abandoned if blood cannot
be obtained or any of other limitations
apply.
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How do you deal with a driver who cannot for
genuine reasons provide blood and where there is
no evidence of impairment?
Do you have a medical defence and does the driver
have to ‘prove it’?
Do you have graduated penalties according to the
concentration of the drug?
How much do you pay for a roadside drug test and
how much do you pay for a limit based laboratory
test?
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Any Questions?