The Government is being urged to update legislation to allow police officers to take evidential saliva confirmation samples at the roadside – a ‘crucial reform’ that would close loopholes that allow drug drivers to evade justice.
The call has been made by D.tec International and The AA on the 10th anniversary of legislation that made it illegal to drive with specified controlled drugs in the body above set limits.
The duo say while this was a landmark step forward, the system that follows a positive roadside drug drive result is failing victims, families, and communities.
Under current law, if a driver tests positive at the roadside, police must obtain an evidential blood sample, which is not always possible. Even when it is, there is a ‘shocking delay’ of up to six months before results return from the laboratory – during which time the offender remains free to drive.
As a result, an unknown number of drug drivers evade justice entirely when labs fail to return results within those six months, the legal deadline for police to authorise charges for road traffic offences such as drink and drug driving.
With the Crime and Policing Bill introduced in Parliament last week, D.tec and The AA say the Government has a key opportunity to address the growing epidemic of drug driving.
The Bill aims to halve serious violence over a decade, tackling antisocial behaviour, increasing police presence, banning dangerous weapons, and cracking down on shoplifting.
D.tec and The AA say the Bill could include provisions for evidential roadside saliva testing for drug driving, bringing the UK in line with Australia, France and many other jurisdictions where justice is ‘swift and effective’.
For example, Australia has been using immediate, roadside evidential saliva sampling for nearly two decades, combining this with laboratory testing for rapid case resolution.
Ean Lewin, managing director of D.tec International, said: “For over a decade, we have allowed a broken system to keep drug drivers on our roads while victims and their families continue to suffer.
“Right now, a driver who fails a roadside drug test can legally remain behind the wheel for up to six months – and if they plead not guilty, potentially for over a year. This is solely because outdated laws force police to rely on impractical blood confirmation testing, plagued by inherent laboratory delays.
“Worse still, an unknown number of offenders escape justice entirely when these delays exceed the six-month prosecution window. That is nothing short of a national disgrace.”
The AA has long been campaigning for better drug driving enforcement since it held a Drug Drive RoundTable with the Home Office, Police, medical professionals, the DfT and drug detection companies back in 2008.
Jack Cousens, head of roads policy for The AA, said; “Drug driving is fast becoming a major road safety concern which needs urgent action.
“Modernising the prosecution process can help take more dangerous drivers off the road, while keeping costs down for police forces. Similarly, just one in 10 believe that drug drivers will be caught and prosecuted which often means people feel they can get away with it.
“Hiring 1,000 more roads police, as well as allowing saliva samples as evidence will stop people getting behind the wheel after taking illegal substances.”
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