Drink and drug driving law

Memorandum from Professor Nutt, Chair, Independent Scientific Committee on Drugs (ISCD) (DDD 40)

Should the permitted blood alcohol limit be reduced as proposed?

Yes.

If so, is the mandatory one year driving ban appropriate for less severe offenders, at the new (lower) level?

No-we suggest a graded response of 3-6 months ban for alcohol levels from new lower level to the current level then one year as currently. This will incentivise reduced drinking.

How severe is the problem of drug driving and what should be done to address it?

This is hard to ascertain as detection of drug in blood of other body fluids bears little relation to impairment. Indeed some drugs may improve driving under certain situations. There are no meaningful studies on drug levels and driving performance that can be translated into a threshold test as currently exists for alcohol. This means that injustice is likely if a positive test brings prosecution.

The only fair and just response is to monitor driving or related performances.

It therefore follows that detection of drugs in a person in control of a vehicle should NOT be an offence in the absence of impairment, just as it is not a criminal offence in other situations.

What wider costs and benefits are likely to result from changes to drink and drug driving law?

Reducing the drink driving limit will save lives and reduce accidental injury to drivers, passengers and the public. Costs will be negligibly changed from the current situation.

September 2010