UK legislation needs crucial reform to close loopholes that allow drug drivers to evade justice, according to road safety experts.

A move to evidential roadside saliva testing would stop drug-driving offenders from walking free

The AA, along with drug and alcohol testing business D.tec International, has urged the Government to introduce evidential roadside saliva testing, replacing the current blood-only system that allows offenders to walk free.

The call has been made as the UK marks the 10th anniversary of the drug-driving law – with both the AA and D.tec warning that current procedures after a positive roadside drug drive result are failing victims, families and communities.

Under current law, if a driver tests positive at the roadside, police must obtain an evidential blood sample, which is not always possible but can also be hit by a delay of up to six months before results return from the laboratory – during which time the offender remains free to drive.

And if labs fail to return results within those six months, which is the legal deadline for police to authorise charges for road traffic offences such as drink- and drug-driving, then dangerous drivers are allowed to walk free.

Ean Lewin, managing director of D.tec International, commented: “Right now, a driver who fails a roadside drug test can legally remain behind the wheel for up to six months – and if they plead not guilty, potentially for over a year. This is solely because outdated laws force police to rely on impractical blood confirmation testing, plagued by inherent laboratory delays. Worse still, an unknown number of offenders escape justice entirely when these delays exceed the six-month prosecution window. That is nothing short of a national disgrace.”

Other countries, such as Australia and France, are already using roadside evidential saliva sampling combined with laboratory testing for rapid case resolution.

The AA and D.tec say the Crime and Policing Bill introduced in Parliament last week could include provisions for evidential roadside saliva testing for drug driving, giving the Government a key opportunity to address the growing epidemic of drug driving and its devastating consequence.

If this Bill fails to address the growing drug drive issue, they’re urging the Home Office, Department for Transport and the Ministry of Justice to work collaboratively via another mechanism to deliver this critical legislative reform.

Ean Lewin of D.tec International commented: “If the Government is truly committed to public safety, I urge the Home Office, the Department for Transport, and the Ministry of Justice to act now. The solution is simple: allow police to take immediate roadside evidential saliva samples. Other countries have done this for years – why is the UK still falling behind?”

Each year, on average, 1,899 people are killed or seriously injured as a result of drink- or drug-driving. This figure is based on STATS19 data from 2018 to 2022, with the total number for the five-year period being 9,497 people killed or seriously injured due to someone driving under the influence of drink or drugs.

Among some police forces, drug-driving has overtaken drink-driving as the primary concern.

Jack Cousens, head of roads policy for the AA, said: “Drug-driving is fast becoming a major road safety concern which needs urgent action.

“Modernising the prosecution process can help take more dangerous drivers off the road, while keeping costs down for police forces. Similarly, just one in 10 believe that drug drivers will be caught and prosecuted which often means people feel they can get away with it.

“Hiring 1,000 more roads police, as well as allowing saliva samples as evidence will stop people getting behind the wheel after taking illegal substances.”