"Drugs, Driving And The Role Of The
Law"
A Major Scottish Newspaper Expresses Concern for Civil Liberties
From The Scotsman
February 12, 1998
See UK Police To Start Testing Drivers
For "Drugs"Letters_ts@scotsman.com
As with drink, so with drugs. There is no excuse for anyone who attempts to drive
under the influence of alcohol or of narcotics. Anything that assists the police in
catching such people is to be welcomed.
The problem hitherto has been that no simple and effective test has existed for drugged
drivers. Under existing rules officers who believe a motorist is under the influence of a
drug have to arrest suspects before escorting them to a police station and asking for a
blood or urine sample.
Undoubtedly this has meant that some drug users have escaped and that there have been more
accidents than there might have been. New road-side devices to be tested by four police
forces, including Strathclyde, should remedy that situation.
Nevertheless, it is open to question whether this should mean an increase in random
testing. The legal position affecting drugs and alcohol is different. It is not against
the law to use or possess alcohol, only to attempt to drive with too much of it in one's
bloodstream.
Drugs falling within defined classifications, in contrast, are simply illegal. Equally, traces of drugs such as cannabis stay in the bloodstream for much
longer than alcohol. Thus it is possible that random tests will catch out someone who is
driving perfectly well but who may have smoked cannabis a fortnight previously. In other
words, a road safety campaign will become confused, to say the least, with action against
drugs.
What of it? Drugs are illegal, are they not? Yet surely the reason for sanctioning yet
another intrusion on civil liberties - think of all the perfectly ordinary people
inconvenienced or embarrassed at the roadsides - -is to crack down on driving under the
influence. Are we really to expend a large amount of police
resources in order to discover that someone has used cannabis 30 days ago - as is
medically possible? Surely impairment through drug use while driving should be the only
point in this case?
Parameters must be set for the police, in other words. Safe motoring, not the general
problem of drug use, should be their immediate concern on the roads. The wider issue needs
to be addressed by the Government, which has been slow to do so in any realistic fashion.
Indeed, we commend a committee of the House of Lords for having the courage to take on an
inquiry that should properly be dealt with by a Royal Commission. With luck, the
Government will take the hint.