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Arrested for drug driving

BarneyBoy52

New member
Good morning,

I am looking for a little guidance please. I was arrested 6 weeks ago, on my way to work.
I was pulled over by two traffic officers after registering 26 mph in a 20 zone. After doing an alcohol breath test (which was negative), I had a roadside drug test - which indicated that I had Cocaine in my system. As I say, I was arrested, taken to my local Police station and had blood taken and sent for analysis.

I have to have a DBS as part of my conditions of employment. Recently the whole DBS check has altered and I have had to sign up to a monthly DBS update service, rather than the traditional update every 3 years.

I have been suspended from work as the arrest and the reason for arrest ‘testing positive for Cocaine whilst on way to work’ has already appeared on my DBS update to my employer.

I haven’t been charged with anything as I still haven’t received the results of the blood test. I have contacted the Police who have advised that the test will take at least two months to return to them.

I have several questions, if I may;

1/ I assumed that the initial roadside Swab was inconclusive. It just gave the Police a valid reason to legally arrest me and take me to have a blood or urine sample taken. Why has my DBS already been updated when I still have not received the results of the blood analysis or received a formal charge for anything ?
2/ I still have my vial of blood in the fridge (1 sample was taken, divided into two, 1 sent to the lab, 1 given to me). On the label it states that it will be tested for ‘standard drugs only’.
What ‘standard drugs’ will be tested for?
Am I right to think my sample will be tested for Cocaine and Cannabis, or will it be tested for the whole spectrum of prescibed and unprescribed drugs ?
3/ What kind of time has to pass before the results of a blood analysis are deemed no longer accurate ?

Thank you in anticipation of any advice you can offer me.
 

Martin Hammond

Solicitor
Good morning,

I am sorry to hear about your current position.

Firstly to address your point about the DBS record being updated - it would depend on the type of DBS check that you have. Although you have not been charged as of yet, the police can share any relevant information with the DBS service that they deem relevant. You would have to speak to the DBS service directly about this issue further.

The sample will be tested for all drugs including illegal and prescription medications. If you have medication prescribed by a Doctor and you are over the limit for a prescribed drug then you can raise a medical defence, however you are unable to do this with any illegal substance such as cocaine or cannabis.

The police have six months from the date of the offence to lay the charge with the Court, if they do not charge you within six months then they cannot prosecute you for the offence.

If you need further assistance, I can arrange for one of my team to give you a call to discuss further?

Kind regards,
 

BarneyBoy52

New member
Good morning,

I am sorry to hear about your current position.

Firstly to address your point about the DBS record being updated - it would depend on the type of DBS check that you have. Although you have not been charged as of yet, the police can share any relevant information with the DBS service that they deem relevant. You would have to speak to the DBS service directly about this issue further.

The sample will be tested for all drugs including illegal and prescription medications. If you have medication prescribed by a Doctor and you are over the limit for a prescribed drug then you can raise a medical defence, however you are unable to do this with any illegal substance such as cocaine or cannabis.

The police have six months from the date of the offence to lay the charge with the Court, if they do not charge you within six months then they cannot prosecute you for the offence.

If you need further assistance, I can arrange for one of my team to give you a call to discuss further?

Kind regards,
 

BarneyBoy52

New member
Sir,

Good morning and thank you for your prompt reply.

I will contact you again when I receive the results of my blood analysis, if I need to.

I appreciate your advice.

Best wishes
 
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