A further difficulty in testing for drugs in relation to the new drug driving laws has been raised by ROAR Forensics in a report.
Currently the police take around 5ml to test for alcohol, experts say that this will not be sufficient for drug testing “in order to cover the proposed drugs and provide a quantitative result (notably in poly drug misusers, which is common in the UK) there will be a requirement to obtain more blood than current practice. Approximately 10ml of blood could be required compared to the current 5ml sample.”
This is not as easy as it sounds, it can be difficult to obtain that amount of blood
“To ensure that there is sufficient sample to permit the analytical requirement there would have to be a minimum volume, notably as at present it is not uncommon to receive far less than 5ml.”
But it doesn’t end there, the defendant has to be provided with an equal quantity for him to have his sample analysed.
“There is then the issue of ensuring that there is a similar volume available for the defendants sample (assuming that, as now, a divided aliquot is provided to the defendant)”
Having managed to get the correct amount of blood will the defence be able to get it tested? ROAR believe that currently there are very few laboratories that offer this service for the defence. In drink driving this may not be that significant unless the reading was very close to the limit however with all of the difficulties with actually testing for drugs this could well be a valid argument if the defence have not been given the opportunity to have their sample tested.
For further advice on drug driving call us on 01623 397200