Scotland’s Cabinet Secretary for Justice Michael Matheson has announced that new drug-driving limits and roadside testing will be introduced to build on Scotland’s existing laws against drug-driving.
It is illegal to drive while impaired by drugs and this offence will continue to operate, but the Scottish Government plans to introduce new drug-driving limits that will allow prosecutions where different drug types above specified levels are detected. This should make it easier to hold drug-drivers to account as there will be no requirement to prove that someone was driving in an impaired manner.
The Cabinet Secretary said: “This Government prioritised lowering the drink-driving limit in 2014 with evidence showing greater numbers of lives lost on our roads due to drink-driving than drug-driving. With the lower blood-alcohol limit well established, I want to give our law enforcement agencies enhanced powers to tackle drug-driving and so make our roads even safer.
“While it is a long-standing offence to drive while impaired by drugs, by introducing new drug-driving limits and roadside testing for the presence of drugs, we will strengthen the ability of our police and prosecutors to tackle the minority of drivers who recklessly put other road-users and themselves at risk.
“Under the new offence, evidence of impaired driving will not be required with our law enforcement agencies instead able to investigate and prosecute on the basis of a driver being above the specified limits for individual drug types.
“Subject to Parliament’s agreement and once the new regime is in force, Scotland will be at forefront of efforts across the UK to tackle drivers who either drink or take drugs – with both the lowest drink-drive limit operating in these islands and drug-driving limits in place.”
The Scottish Government is in ongoing discussions with Police Scotland, the Scottish Police Authority and the Crown Office & Procurator Fiscal Service on the operational requirements, including how roadside testing can be put in place. Ministers intend to lay regulations by the end of 2017 for approval by MSPs, with implementation, including the need to have the necessary testing equipment in place, expected in 2019.
