Drug Driving: Proposed Regulations – Analysis of Consultation Responses

This report relates to Scottish responses to a joint public consultation undertaken by the UK Government and the Scottish Government in relation to proposals for new regulations on drug driving limits. The responses to the consultation will help to inform decisions about whether Scottish regulations should be brought forward under the Crime and Courts Act 2013 and if so, what policy approach should be adopted for the setting of drug driving limits for specific types of drug.


1. https://www.gov.uk/government/publications/driving-under-the-influence-of-drugs--2

2. https://www.gov.uk/government/publications/driving-under-the-influence-of-drugs--2

3. Regulations to specify the drugs and corresponding limits for the new offence of driving with a specified controlled drug in the body above the specified limit. Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229738/consultation-document.pdf

4. https://www.gov.uk/government/consultations/drug-driving-proposed-regulations

5. Note that at the time this consultation took place in 2013, the drink drive limits in Scotland and England were the same: 80 milligrammes of alcohol per 100 millilitres of blood; 35 microgrammes per 100 millilitres of breath; or 107 milligrammes per 100 millilitres of urine. However, from 5 December 2014, the Scottish Government reduced the drink drive limit in Scotland to: 50 milligrams of alcohol in every 100 millilitres of blood; 22 micrograms of alcohol per 100 millilitres of breath; or 67 milligrammes per 100 millilitres of urine - bringing the limits in Scotland in line with most other European countries.

6. This discussion incorporates comments made at Question 6 which related to the drugs proposed for inclusion in the regulations.

7. Some respondents who commented at Question 6 queried the limits proposed for specific drugs. These comments have been discussed in relation to Questions 1 and 2 and are not repeated here.

8. It is not clear from this response whether this figure is an annual figure, i.e. 20,000 prosecutions per year in the first three years, or a total figure for three years.


Email: Mari Bremner

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