Driving or Attempting to Drive with a specified drug above the specified limit

Road Traffic Act 1988, s.5A · Magistrates

Sentencing framework

The guideline for sentencing for driving with a specified drug above the limit focuses on the offender's culpability and the harm caused. It categorizes offences into severity bands to determine starting points and ranges for sentences, with mandatory disqualification from driving. Aggravating factors such as previous convictions and high traffic levels increase sentence severity, while mitigating factors like remorse and personal circumstances may reduce it.

Maximum sentence

Unlimited fine and/or 6 months’ custody

Court

Magistrates

Starting point

12 weeks’ custody

Offence range

Band B fine – 26 weeks’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·High level of traffic or pedestrians in the vicinity
·Poor road or weather conditions
·Involved in collision (where not taken into account at step 1)
·Carrying passengers
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Very short distance driven
·Genuine emergency established
·Genuine misunderstanding about safe dosage of prescribed medication
·Drugs consumed unknowingly
·Remorse
·Positive character and/or exemplary conduct (regardless of previous convictions)
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 – Determining the offence category.
Step 2 – Starting point and category range.
Step 3 – Consider any factors which indicate a reduction for assistance to the prosecution.
Step 4 – Reduction for guilty pleas.
Step 5 – Totality principle.
Step 6 – Compensation and ancillary orders.
Step 7 – Reasons.
Step 8 – Consideration for time spent on bail (tagged curfew).

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.