Understanding Drug Driving Charges in Scotland: What You Need to Know

What is Drug Driving and what Happens If You Are Facing Drug Driving Charges?

Drug driving isn’t just about illegal substances. In Scotland, it now encompasses a wide range of prescription and over-the-counter medications, with the law taking an increasingly hard line on anyone behind the wheel while impaired. If you’ve been charged or stopped under suspicion of drug driving, it’s vital to understand the implications and act fast.

At Scullion LAW, our solicitors regularly act for individuals facing drug driving charges across Scotland. Our Criminal Law Team is recognised for its courtroom experience, discretion, and strategic approach to defending clients in complex and time-sensitive cases. This is not an area of law to take lightly—convictions can mean disqualification, fines, criminal records, and in some cases, imprisonment.

Don’t delay seeking representation for drug driving charges, you may have more options than you think, speak to one our road traffic lawyers today!

What Is Drug Driving?

Drug driving falls under two main offences:

1. Driving while unfit through drugs – This is based on observed behaviour and impairment.
2. Driving with a specified drug in your system above the legal limit – This applies even if you do not appear impaired.

You can be charged even if the substance was legally prescribed, which catches many people unaware. Limits exist for common medications including diazepam, morphine, and even antihistamines in some contexts. The Police now use roadside saliva tests and can follow up with blood testing.

Common Myths About Drug Driving

• “It’s only about illegal drugs”: Not true. Prescription and pharmacy meds can lead to charges.
• “I had a prescription, so I’m covered”: Also false. If you’re over the limit or impaired, you’re still at risk.
• “They won’t prosecute without proof of dangerous driving”: Incorrect. Presence of the drug above the limit is enough.

We regularly advise clients who had no idea they were breaching the law. Scotland’s zero-tolerance stance means even low levels of certain drugs can lead to prosecution.

What Happens If You’re Charged?

Expect immediate consequences. You may be:

• Suspended from driving on the spot
• Taken for further tests
• Formally charged and given a court date

You should not try to navigate this alone. Police interviews, toxicology reports, and medical evidence all play a role in the prosecution’s case. We challenge every part of the process: the legality of the stop, the reliability of the test, and the accuracy of any police observation.

Our team works with toxicologists and medical experts to analyse the fine margins in these cases. We know how to dismantle weak or assumption-driven evidence, and we understand how to fight back against charges that lack proper foundation.

Penalties Are Severe

A drug driving conviction in Scotland can result in:

• A minimum 12-month driving ban
• A criminal record
• A fine of up to £5,000
• Up to 6 months in prison
• Increased insurance costs or job loss

We understand what’s at stake—your licence, your livelihood, your future. And we fight to protect it.

Why Choose Scullion LAW?

This is specialist work. You need a solicitor who knows the law, the science, and the court. Our team is award-winning, highly regarded, and trusted to handle complex driving cases with discretion and tactical precision.

We don’t deal in platitudes. We offer clear advice, sharp representation, and a plan of action. Whether you’re a professional, a key worker, or someone who simply made a mistake—you have a right to a defence. We’re here to deliver it.

Get Advice Now

If you’ve been charged with drug driving, the time to act is now. Call our Criminal Law Team for a free initial consultation. The earlier we’re involved, the more options you have. Don’t let one moment define your future.

Scullion LAW. Clarity. Direction. Defence.