Drug driving

BJR

New member
I was pulled over for no tax which was quickly resolved as i was taxed, which then moved onto the smell of cannabis, i failed my roadside drug test with just a faint line come through, i had smoked a joint around 10 hours previous to this, i was then arrested and took to the station, a blood test done which would of bin around 11 hours from when i have smoked a joint, i was probably away from my car for 2 and a half hours before being took back to my car and allowed to drive home, they released me under investigation, its my first offence, im waiting to hear back from the blood test as to wether im over the limit, how long does it take for thc to leave the blood? Im a regular user i smoke 3 maybe 4 joints a day, ive only had my licence for 19 months, what is the most likely punishment if the test come back over the limit? Im self employed and need my licence to work also my kids live a 2 hour journey from me which i travel to see them every weekend, can i get a free solicitor to take with me? any help will be greatly appreciated,

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The limit for cannabis (or THC which is a metabolite of cannabis) is 2µg per litre of blood. Given that you had consumed cannabis that day you would likely exceed the limit.

The minimum penalty for this type of offence is a 12 month ban together with a fine based on your income. The result will likely take at least 6 weeks to come back but could take anything up to 6 months for charge to be laid. Legal aid for this sort of matter is based on your income and the likelihood of a prison sentence as a potential outcome upon sentence. For that to be a risk you reading would have to be extremely high. Given that you had not smoked for several hours, that is unlikely. You should contact a solicitor once you have your results.
 

BJR

New member
Thanks for your reply, i will contact a solicitor once the results are back if needed, will i receive any points on my license if found guilty? If im found guilty? I just dont get why i was aloud to drive home which was down the motorway for 2 hours if i had failed my roadside drug test, the officer even said im not visually impaired or anything like that to his sergeant, he said from the minute he arrested me he will make it as quick as possible and get me back to my car after the station, again thanks for the reply
 
With this sort of case, there is no way that the police can do an accurate 'pre-release' test to determine if you are fit to drive. In the circumstances, they have to use their judgement to consider if you are impaired. The offence for which you are being considered is driving with excess drugs which does not require a determination of impairment. At the stage of letting you go, the police had determines that you were not impaired albeit, you may have been over the limit. In that scenario it is a matter for the police as to whether they can release you.

If convicted you will receive a ban rather than points. This is not a penalty point offence.
 
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